Barnes v The Queen

Case [2001] WASCA 86


BARNES & ANOR -v- THE QUEEN [2001] WASCA 86



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 86
COURT OF CRIMINAL APPEAL
Case No:CCA:219/19966 SEPTEMBER 2000
Coram:WALLWORK J
PARKER J
WHEELER J
22/03/01
28Judgment Part:1 of 1
Result: Leave to appeal granted
Appeals dismissed
PDF Version
Parties:JENNIFER MAY BARNES
JOHN TERENCE CHAMBERLAIN
THE QUEEN

Catchwords:

Criminal law
Appeals against conviction
Secret commission, false pretences, stealing as a servant
Failure to order separate trial of offences
Honest claim of right
Whether verdicts unsafe and unsatisfactory
No new principles

Legislation:

Nil

Case References:

Barnes & Anor v The Queen, unreported; District Ct of WA (Barlow DCJ); Library No 5141; 12 November 1996
Beck & Smith v R [1984] WAR 127
De Jesus v R (1986) 68 ALR 1
Ludlow v R [1971] AC 29
M v The Queen (1994) 181 CLR 487
Phillips v The Queen, unreported; CCA SCt of WA; Library No 960639; 8 October 1996
R v Kray [1969] 3 WLR 831
R v Pollard [1962] QWN 27
Rex v Sims [1946] KB 531
Seiler v R [1978] WAR 27
Sutton v R (1984) 152 CLR 528

K v R, unreported; CCA SCt of WA; Library No 980276; 22 May 1998

    JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : BARNES & ANOR -v- THE QUEEN [2001] WASCA 86 CORAM : WALLWORK J
      PARKER J
      WHEELER J
    HEARD : 6 SEPTEMBER 2000 DELIVERED : 22 MARCH 2001 FILE NO/S : CCA 219 of 1996
      CCA 221 of 1996
    BETWEEN : JENNIFER MAY BARNES
      JOHN TERENCE CHAMBERLAIN
      Applicants

      AND

      THE QUEEN
      Respondent



    Catchwords:

    Criminal law - Appeals against conviction - Secret commission, false pretences, stealing as a servant - Failure to order separate trial of offences - Honest claim of right - Whether verdicts unsafe and unsatisfactory - No new principles




    Legislation:

    Nil



    (Page 2)

    Result:

    Leave to appeal granted


    Appeals dismissed

    Representation:


    Counsel:


      Applicants : In person
      Respondent : Mr B Fiannaca


    Solicitors:

      Applicants : In person
      Respondent : State Director of Public Prosecutions


    Case(s) referred to in judgment(s):

    Barnes & Anor v The Queen, unreported; District Ct of WA (Barlow DCJ); Library No 5141; 12 November 1996
    Beck & Smith v R [1984] WAR 127
    De Jesus v R (1986) 68 ALR 1
    Ludlow v R [1971] AC 29
    M v The Queen (1994) 181 CLR 487
    Phillips v The Queen, unreported; CCA SCt of WA; Library No 960639; 8 October 1996
    R v Kray [1969] 3 WLR 831
    R v Pollard [1962] QWN 27
    Rex v Sims [1946] KB 531
    Seiler v R [1978] WAR 27
    Sutton v R (1984) 152 CLR 528

    Case(s) also cited:



    K v R, unreported; CCA SCt of WA; Library No 980276; 22 May 1998

    (Page 3)

    1 WALLWORK J: I agree with the reasons for judgment of Parker J and to the orders proposed by his Honour. There is…

Continue reading Barnes v The Queen

Sign in free to access the full text

Details
AGLC
Barnes v The Queen [2001] WASCA 86
Case
[2001] WASCA 86
Decision Date

CaseChat Overview and Summary

The case of Barnes v The Queen involved the appellant, Barnes, who was convicted on two counts: one of obtaining a secret commission and another of obtaining money by false pretences while acting as a servant. The decision was made in the High Court of Australia. Barnes sought to appeal against his convictions, arguing that the trial judge erred in not ordering a separate trial for each offence and that the verdicts were unsafe and unsatisfactory. Additionally, Barnes claimed an honest belief in his right to the property in question.

The central legal issues revolved around whether the trial judge's failure to order separate trials for the distinct offences amounted to a miscarriage of justice, and whether the verdicts, considering Barnes' claim of an honest belief in his right to the property, were indeed unsafe and unsatisfactory. The court also needed to determine if any new legal principles were established in the appeal.

The High Court found that there was no miscarriage of justice in the trial judge's decision not to order separate trials for the offences, as the evidence presented did not warrant such a separation. Furthermore, the court held that the verdicts were safe and satisfactory, and that Barnes' claim of an honest belief in his right to the property did not absolve him from criminal liability. The court concluded that no new legal principles were established in the appeal. Consequently, the leave to appeal was granted, but the appeals were ultimately dismissed.

Orders

Orders of the court

Leave to appeal granted

Appeals dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.