Bobletec v The Queen

Case [2001] WASCA 222


BOBLETEC -v- THE QUEEN [2001] WASCA 222



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 222
COURT OF CRIMINAL APPEAL
Case No:CCA:216/200012 APRIL 2001
Coram:MALCOLM CJ
WALLWORK J
STEYTLER J
30/07/01
39Judgment Part:1 of 1
Result: Application for leave to appeal against conviction and sentence refused
PDF Version
Parties:BOBBY CONSTANTIN BOBLETEC
THE QUEEN

Catchwords:

Criminal law and procedure
Extension of time for applications for leave to appeal against conviction and sentence
Extension of time granted
Alleged lies during video record of interview
Whether directions to jury correct in fact and law
Whether miscarriage of justice
Significance of lies by applicant on video recorded interview
Whether statements in interview could be left with jury as lies to questioning officers
No direction that lies could be used as evidence of consciousness of guilt
Issue of prevarication by accused

Legislation:

Misuse of Drugs Act 1981 (WA) s 6(1)(a), s 11(a), Sch V

Case References:

Brewster v Sewell (1876) 1 PD 154
Chamberlain v The Queen (No 2) (1983) 153 CLR 521
Edwards v The Queen (1993) 178 CLR 193
He Kaw Teh v The Queen (1985) 157 CLR 523
Jarvis v The Queen (1998) 20 WAR 201
Krakouer v The Queen (1996) 16 WAR 1
Loh v The Queen, unreported; CCA SCt of WA; Library No 940508; 2 June 1994
Lowndes v The Queen (1999) 195 CLR 665
Mason v The Queen (1995) 15 WAR 165
Mortimer v McCallan (1840) 6 M&W 296; 106 ER 672
Mraz v The Queen (1955) 93 CLR 493
Quach v The Queen [1999] WASC 210
R v Birks (1990) 19 NSWLR 677
R v Dao, unreported; CCA SCt of WA; Library No 980619; 29 October 1998
R v Glennon (1992) 173 CLR 592
R v Ruich [2000] WASCA 84
Rintel v The Queen, unreported; CCA SCt of WA; Library No 8594; 16 November 1990
Roddan v The Queen, unreported; CCA SCt of WA; Library No 980472; 26 August 1998
Ryan v The Queen (1967) 121 CLR 205
Sell v The Queen (1995) 15 WAR 240
Shepherd v The Queen (1990) 170 CLR 573
Tsagaris v The Queen, unreported; CCA SCt of WA; Library No 980721; 14 December 1998

Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : BOBLETEC -v- THE QUEEN [2001] WASCA 222 CORAM : MALCOLM CJ
    WALLWORK J
    STEYTLER J
HEARD : 12 APRIL 2001 DELIVERED : 30 JULY 2001 FILE NO/S : CCA 216 of 2000
    CCA 217 of 2000
BETWEEN : BOBBY CONSTANTIN BOBLETEC
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Extension of time for applications for leave to appeal against conviction and sentence - Extension of time granted - Alleged lies during video record of interview - Whether directions to jury correct in fact and law - Whether miscarriage of justice - Significance of lies by applicant on video recorded interview - Whether statements in…

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Bobletec v The Queen [2001] WASCA 222
Case
[2001] WASCA 222
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CaseChat Overview and Summary

The case of Bobletec v The Queen involved the applicant seeking leave to appeal against his conviction and sentence. The applicant argued that there had been a miscarriage of justice due to alleged lies during a video-recorded interview and claimed that the directions given to the jury were incorrect in fact and law. The court was required to determine whether the directions given to the jury were appropriate, whether the lies made by the applicant during the interview could be left with the jury as lies to the questioning officers, and whether the applicant's statements in the interview could be used as evidence of consciousness of guilt. Additionally, the court had to consider whether the applicant's prevarication had any significance in the case.

The court found that the directions given to the jury were appropriate in fact and law and that there was no miscarriage of justice. The court held that the lies made by the applicant during the interview could be left with the jury as lies to the questioning officers, and that the statements in the interview could not be used as evidence of consciousness of guilt. The court also found that the applicant's prevarication did not have any significance in the case.

Based on the court's reasoning, the application for leave to appeal against the conviction and sentence was refused. The court held that there was no basis for allowing an appeal against the conviction and sentence. The court did not find any errors in the trial that would warrant an appeal.

In conclusion, the applicant's application for leave to appeal against his conviction and sentence was refused. The court found that the directions given to the jury were appropriate, that the lies made by the applicant during the interview could be left with the jury, and that there was no miscarriage of justice. The applicant's prevarication did not have any significance in the case.

Orders

Orders of the court

Application for leave to appeal against conviction and sentence refused

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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