Bounds v The Queen

Case [2005] WASCA 1


BOUNDS -v- THE QUEEN [2005] WASCA 1



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2005] WASCA 1
COURT OF CRIMINAL APPEAL
Case No:CCA:83/20032 SEPTEMBER 2004
Coram:MURRAY J
STEYTLER J
MCKECHNIE J
6/01/05
35Judgment Part:1 of 1
Result: Appeal allowed
Conviction of count 2 on indictment quashed
A
PDF Version
Parties:MATTHEW DAVID BOUNDS
THE QUEEN

Catchwords:

Criminal law
Possession of child pornography
Evidence
Admission of new evidence
Principles to be applied
Evidence of websites
Whether propensity evidence
Confessions and admissions
Whether admission to manager without caution should be excluded
Practice and procedure
Indictment alleging a simple offence and indictable offence
Simple offence a nullity
Whether trial fundamentally miscarried

Legislation:

Censorship Act 1996 (WA), s 59
Criminal Code Amendment Act 2004 (WA)
Criminal Code Compilation Act 1913 (WA), s 4
Criminal Code (WA), s 3, s 378A, s 571, s 576, s 577, s 594, s 598AA, s 599, s 602, s 602A, s 612, s 616(2), s 622
District Court of Western Australia Act (WA), s 8, s 42
Interpretation Act 1984 (WA), s 67
Justices Act (WA), s 20
Supreme Court Act 1935 (WA), s 16

Case References:

Buttsworth v The Queen [2004] WASCA 69
Cleland v The Queen (1982) 151 CLR 1
Crofts v The Queen (1996) 186 CLR 427
Gallagher v The Queen (1986) 160 CLR 392
Glennon v The Queen (1994) 179 CLR 1
Gorman v Indich [1990] WAR 131
Mallard v The Queen (2003) 28 WAR 1
Mallard v The Queen [2003] WASCA 296; 28 WAR 1
Mickelberg v The Queen (1989) 167 CLR 259
Nolan v The Queen, unreported; CCA SCt of WA; Library No 970260; 22 May 1997
Paciente v The Queen, unreported; CCA SCt of WA; Library No 920574; 10 November 1992
Petty v The Queen (1991) 173 CLR 95
Pfennig v The Queen (1994) 182 CLR 461
R v Cairns (1983) 87 Cr App Rep 287
R v Lee (1950) 82 CLR 133
R v Suresh (1998) 153 ALR 145
R v Swaffield (1997) 192 CLR 159
R v Thompson (1975) 61 Cr App Rep 108
Ratten v The Queen (1974) 131 CLR 510
TKWJ v The Queen (2002) 212 CLR 124
Wilde v The Queen (1987) 164 CLR 365
Wilde v The Queen (1988) 164 CLR 365

Bradshaw v The Queen, unreported; CCA SCt of WA; Library No 970228; 13 May 1997
BRS v The Queen (1997) 191 CLR 275
Burns v The Queen (1975) 132 CLR 258
Button v The Queen (2002) 25 WAR 382
Harriman v The Queen (1989) 167 CLR 590
Hoch v The Queen (1988) 165 CLR 292
Lawless v The Queen (1979) 142 CLR 659
Makin v Attorney-General (New South Wales) [1894] AC 57
McDermott v The Queen (1948) 76 CLR 501
R v Amad [1962] VR 545
R v Cox (1967) 52 Cr App Rep 106
R v Lockley [1997] Crim LR 455
R v Smith [1997] 1 Cr App…

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Bounds v The Queen [2005] WASCA 1
Case
[2005] WASCA 1
Decision Date

CaseChat Overview and Summary

In the case of Bounds v The Queen, the appellant was convicted of possession of child pornography, among other charges. The appeal centred around the admissibility of new evidence, specifically websites, as well as the handling of confessions and admissions. The High Court of Australia was tasked with determining whether the trial had fundamentally miscarried due to the admission of this new evidence and whether the simple offence on the indictment should be considered a nullity.

The court considered the principles governing the admission of new evidence, particularly in the context of propensity evidence. It was determined that the evidence of the websites could not be classified as propensity evidence. Furthermore, the court examined whether the confession and admission made by the appellant to a manager without the presence of a legal representative should have been excluded. The court concluded that the admission did not lead to a miscarriage of justice and therefore should not be excluded.

The High Court found that the trial did not fundamentally miscarried, and the evidence was properly considered by the jury. The court also determined that the simple offence on the indictment was a nullity as it was not properly before the court. The appeal was allowed, and the conviction on count 2 of the indictment was quashed. This decision highlights the importance of ensuring that all charges are properly before the court and the need for careful consideration of the admissibility of new evidence in criminal cases.

Orders

Orders of the court

Appeal allowed

Conviction of count 2 on indictment quashed

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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