Baker v The Queen

Case [2020] ACTCA 55


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Baker v The Queen

Citation:

[2020] ACTCA 55

Hearing Date:

3 November 2020

DecisionDate:

25 November 2020

Reasons Date:

25 November 2020

Before:

Mossop, Loukas-Karlsson and Abraham JJ

Decision:

Appeal dismissed

Catchwords:

APPEAL – Conviction – whether trial judge erred in admitting the “four hits” evidence – whether the trial judge erred by not discharging the jury following the Crown’s opening – whether the trial judge erred by failing to give a Jones v Dunkel direction with respect to an anticipated Crown witness – whether the dates on the indictment were an essential feature of the offence – whether the verdict was unsafe – no error established – the verdict was open to the jury on the evidence – appeal dismissed.

Legislation Cited:

Evidence Act 2011 (ACT) s 137

Cases Cited:

Ayles v The Queen [2008] HCA 6; 232 CLR 410

Doney v The Queen (1990) 171 CLR 207
Dyers v The Queen [2002] HCA 45; 210 CLR 285
Festa v The Queen [2001] HCA 72; 208 CLR 593
Gilbert v The Queen [2000] HCA 15; 201 CLR 414
Glennon v The Queen (1992) 173 CLR 592
House v The King (1936) 55 CLR 499
Jones v Dunkel (1959) 101 CLR 298
Libke v The Queen [2007] HCA 30; 230 CLR 559
Lodhi v The Queen [2007] NSWCCA 360; 179 A Crim R 470
Mahmood v Western Australia [2008] HCA 1; 232 CLR 397
MFA v The Queen [2002] HCA 53, 213 CLR 606
M v The Queen (1994) 181 CLR 487
Papakosmas v The Queen [1999] HCA 37; 196 CLR 297
Pell v The Queen [2020] HCA 12; 94 ALJR 394
R v Baker (No 2) [2019] ACTSC 181
R v Dossi (1918) 13 Cr App R 158
R v Ford [2009] NSWCCA 306; 201 A Crim R 451
R v Heinze [2005] VSCA 124; 153 A Crim R 380
R v Liddy [2002] SASC 19; 81 SASR 22
R v Suteski [2002] NSWCCA 509; 56 NSWLR 182
The Queen v Baden-Clay [2016] HCA 35; 258 CLR 308
The Queen v Hillier [2007] HCA 13; 228 CLR 618
The Queen v Pfitzner (1976) 15 SASR 171
Warren v Combes (1979) 142 CLR 531

Winning v The Queen [2003] WASCA 245

Parties:

Brendan Leigh Baker (Appellant)

The Queen (Respondent)

Representation:

Counsel

B Morrisroe (Appellant)

R Ranken (Respondent)

Solicitors

Boxall Legal (Appellant)

Commonwealth Director of Public Prosecutions (Respondent)

File Number:

ACTCA 28 of 2019

Decision under appeal: 

Court:  

Before:

Date of Decision:

Case Title:

Citation:

Supreme Court of the ACT

Burns J

18 June 2019

R v Baker (No 2)

[2019] ACTSC 181

THE COURT:

  1. The appellant was charged on indictment with eleven offences relating to the importation and trafficking of a variety of illegal drugs and two offences concerning dealings in money that was the proceeds of crime.

  1. The offences were…

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Baker v The Queen [2020] ACTCA 55
Case
[2020] ACTCA 55
Decision Date

CaseChat Overview and Summary

In *Baker v The Queen*, the Court of Appeal of Victoria considered an appeal against a conviction. The appellant, Baker, challenged the trial judge's decisions regarding the admission of certain evidence, the conduct of the trial, and the ultimate verdict.

The central legal issues before the Court of Appeal were whether the trial judge had erred in admitting evidence referred to as the "four hits" evidence, whether the jury should have been discharged following the Crown's opening address, whether a *Jones v Dunkel* direction was required concerning an anticipated Crown witness, and whether the dates specified in the indictment were an essential element of the offence. The Court also considered whether the verdict reached by the jury was unsafe.

The Court of Appeal found no error in the trial judge's rulings. It reasoned that the admission of the "four hits" evidence was permissible, that the Crown's opening did not necessitate a discharge of the jury, and that a *Jones v Dunkel* direction was not warranted in the circumstances. Furthermore, the Court determined that the dates on the indictment were not an essential feature of the offence as charged. Ultimately, the Court concluded that the verdict was open to the jury on the evidence presented at trial and was therefore not unsafe. The appeal was dismissed.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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