Buckingham v Nuttall

Case [2021] WASC 35


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   BUCKINGHAM -v- NUTTALL [2021] WASC 35

CORAM:   ARCHER J

HEARD:   20 JANUARY 2021

DELIVERED          :   17 FEBRUARY 2021

FILE NO/S:   SJA 1001 of 2020

BETWEEN:   JARED KANE BUCKINGHAM

Appellant

AND

ADRIAN NUTTALL

Respondent

ON APPEAL FROM:

Jurisdiction              :   MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram:   MAGISTRATE L J DIAS

File Number            :   PE 4856/2019 & PE 4857/2019


Catchwords:

Criminal law - Appeal against conviction - Commonwealth Criminal Code - Misstatement of the scope of the evidence of a witness - Intention not absence of belief - Irrelevance of mistake defence - No requirement to prove mistake on the balance of probabilities

Legislation:

Nil

Result:

Leave granted to amend grounds of appeal
Leave to appeal granted in relation to one ground
Appeal allowed
Convictions quashed and the matters remitted to the Magistrates Court

Representation:

Counsel:

Appellant : In person
Respondent : S J Oliver

Solicitors:

Appellant : In person
Respondent : Director of Public Prosecutions (Cth)

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

ACN 158 148 951 Pty Ltd v Prout [2019] WASCA 59

B v R [2015] NSWCCA 103

Baini v R [2012] HCA 59; (2012) 246 CLR 469

Bennett v Carruthers [2010] WASCA 131

Drage v Pitts [2007] WASC 203

HDS v The State of Western Australia [2015] WASCA 148

Heesom v O'Keefe [2017] WASC 362

Kalbasi v The State of Western Australia [2018] HCA 7; (2018) 264 CLR 62

Lee v R [2014] HCA 20; (2014) 253 CLR 455

Libke v The Queen [2007] HCA 30; (2007) 230 CLR 559

M v The Queen [1994] HCA 63; (1994) 181 CLR 487

Men v The State of Western Australia [2020] WASCA 118

Ninyette v Holmes [2015] WASC 287

Pell v The Queen [2020] HCA 12

Police v Pfeifer (1997) 68 SASR 287

Prior v Kemp [2001] WASCA 363

R v Khazaal [2012] HCA 26 ; (2012) 246 CLR 601

Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473

Sayedv The Queen [2012] WASCA 17

See Baharv The Queen [2011] WASCA 249

Steel v The State of Western Australia [2010] WASCA 118

Strahan v Brennan [2014] WASC 190

The Queen v Tang [2008] HCA 39; (2008) 237 CLR 1

The State of Western Australia v Olive [2011] WASCA 25

Thong v The State of Western Australia [2020] WASCA 182

Vucemillo v Ambrose [2019] WASC 411

WS v Gardin [2015] WASC 97

ARCHER J:

Overview

  1. On 13 December 2019, the appellant was found guilty of two charges of possessing a controlled drug contrary to s 308.1(1) of the Criminal Code (Cth) (Commonwealth Criminal Code).  One of the drugs was LSD and the other MDMA.  The learned magistrate imposed a global fine of $1,200.

  2. The appellant seeks leave to appeal against the convictions.[1]  The application for leave to appeal was ordered to be heard at the same time as the appeal. 

    [1] Although the Notice of Appeal indicated that the…

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Buckingham v Nuttall [2021] WASC 35
Case
[2021] WASC 35
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CaseChat Overview and Summary

Jared Kane Buckingham appeals against his convictions for possessing a controlled drug contrary to s 308.1(1) of the Criminal Code (Cth) (Commonwealth Criminal Code). The appeal is heard in the Supreme Court of Western Australia. The appellant was found guilty after a trial in the Magistrates Court of Western Australia of possessing a controlled drug contrary to s 308.1(1) of the Commonwealth Criminal Code. The appellant sought leave to appeal against his convictions. The Supreme Court granted leave to appeal on one ground. The Supreme Court found that it was open to the magistrate to find that the appellant knew the drugs were in his possession. However, the Supreme Court found that the magistrate erred in finding that Mr Kormany's evidence was limited to having asked people to remove drugs and thinking that they had. The Supreme Court found that the error was such that the convictions should be quashed and the matters should be remitted to the Magistrates Court for a retrial.

Orders

Orders of the court

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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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