Court of Appeal (Qld)|2002-07-19|Before: Davies, Williams and Jerrard JJASeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made
Davies, Williams and Jerrard JJASeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION
– APPEAL AND NEW TRIAL - CIRCUMSTANCES NOT INVOLVING
MISCARRIAGE OR IN
WHICH MISCARRIAGE NOT SUBSTANTIAL – MISDIRECTION AND NON-DIRECTION –
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION– APPEAL AND NEW TRIAL - CIRCUMSTANCES NOT INVOLVINGMISCARRIAGE OR INWHICH MISCARRIAGE NOT SUBSTANTIAL – MISDIRECTION AND NON-DIRECTION –PARTICULAR OFFENCES – appealagainst conviction for drug trafficking– whether learned trial judge erred in failing to direct the jury thatthey shouldbe satisfied that the alleged commercial activity extended over aperiod of time which broadly corresponded with the time periodalleged in thechargeCRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION –APPEAL AND NEW TRIAL – where the defence raised anallegation against thepolice late in the trial and where it was put only to one of the police officersalthough the allegation wasalso made during the committal hearing –whether learned trial judge unfairly commented on the defence case therebyprejudicing
a fair trial
CRIMINAL LAW – PARTICULAR OFFENCES – DRUG OFFENCES –
PENALTIES - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING
–
TRANSACTIONS INVOLVING HEROIN – where accused received a sentence of 14
followedR v Elhusseini [1988] 2 Qd R 442, consideredR v
George [2001] QCA 135
CA No 339 of 2000, 6 April 2001, followedR v
Giretti (1986) 24 A Crim R 112, distinguishedR v Goulden
[1993] 2 Qd R 534, consideredR v Ianculescu [1999] QCA 439
[2000] 2 Qd R 521,
consideredR v Jacobs [1993] 2 Qd R 541, distinguished R v
Le [2000] QCA 392, CA 103 of 2000, 29 September 2000, distinguishedR
v Matasaru [2000] QCA 246, CA No 24 of 2000, 19 June 2000,
distinguishedR v Patena [1996] QCA 152, CA 107 of 1996, 28 May 1996,
consideredR v Quaile [1988] 2 Qd R 103, consideredR v Son
Thang Do [2000] QCA 135, CA No 342 of 1999, 14 April 2000,
distinguishedR v Swan (1987) 27 A Crim R 289, distinguishedR v
Tilley
ex-parte A-G [1999] QCA 424
CA No 244 of 1999, 7 October 1999,
distinguishedR v Thompson [1996] 90 A Crim R 416,
distinguishedR v Tran [1996] QCA 173
CA No 111 of 1996, 20 May 1996,
followedR v Truong & Nguyen [2001] QCA 98, CA No 278 of 2000, 15
March 2001, followedWalsh v Tattersall [1996] HCA 26
(1996) 188 CLR 77,
considered
Judgment (23 paragraphs)
[1]
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - CIRCUMSTANCES NOT INVOLVING MISCARRIAGE OR IN WHICH MISCARRIAGE NOT SUBSTANTIAL - MISDIRECTION AND NON-DIRECTION - PARTICULAR OFFENCES - appeal against conviction for drug trafficking - whether learned trial judge erred in failing to direct the jury that they should be satisfied that the alleged commercial activity extended over a period of time which broadly corresponded with the time period alleged in the charge CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - where the defence raised an allegation against the police late in the trial and where it was put only to one of the police officers although the allegation was also made during the committal hearing - whether learned trial judge unfairly commented on the defence case thereby prejudicing a fair trial CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PENALTIES - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - TRANSACTIONS INVOLVING HEROIN - where accused received a sentence of 14 years imprisonment for trafficking - whether the sentence was manifestly excessive Drugs Misuse Act1986 (Qld), s 5
[2]
Criminal Code Act 1899 (Qld), s 564 KBT v The Queen (1997) 191 CLR 417, distinguished
[3]
R v Abdo, CA 186 of 1991, 5 December 1991 followed
[4]
R v Antipas[1999] QCA 168, CA No 17 of 1999, 14 May 1999, considered