SUPREME COURT OF SOUTH AUSTRALIA
(Court of Appeal: Criminal)
CATANZARITI v THE QUEEN
[2021] SASCA 110
Judgment of the Court of Appeal
(The Honourable Chief Justice Kourakis, the Honourable President Kelly and the Honourable Justice Doyle)
14 October 2021
CRIMINAL LAW - APPEAL AND NEW TRIAL
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE - ADMISSIBILITY AND RELEVANCY - FOR PARTICULAR PURPOSE
CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - COMPLICITY - COMMON PURPOSE OR JOINT CRIMINAL ENTERPRISE
Appeal against convictions on four counts of trafficking in a large commercial quantity of cannabis and one count of trafficking in a large commercial quantity of 3,4 methylenedioxymethamphetamine (MDMA) following trial by judge alone in the District Court of South Australia.
Counts 1 to 4 relate to shipments of 35, 19, 28 and 30 pounds of cannabis, respectively. Count 5 relates to a shipment of 20,079 tablets of MDMA. Prosecution alleged that the appellant sourced the cannabis and MDMA in South Australia and procured others to prepare, package and transport these substances to Western Australia for sale.
The prosecution case comprised three substantial bodies of evidence:
1. intercepted telephone conversations;
2. the observation of the movements, and items found in possession, of the appellant’s associates; and
3. income received by the appellant and his wife over about a 13 month period.
On appeal, the contentions raised were that the Judge erred in:
1. treating the evidence relating to Counts 4 and 5 as cross-admissible on the first three counts;
2. admitting the discreditable conduct evidence (intercepted telephone calls and unexplained wealth evidence) for the purpose of demonstrating that the appellant was in the business of drug-trafficking;
3. admitting evidence that the appellant was in the business of trafficking cannabis in aid of proof of trafficking methylamphetamine as charged in Count 5;
4. law in failing to direct herself in accordance with s 34R of the Evidence Act 1929 (SA);
5. admitting evidence of acts and words of others in the absence of or which were not adopted by the appellant; and
6. finding the acts or words of the co-accused were done or said in the furtherance of a common purpose to commit the charged acts.
The appellant further appealed on the basis that the verdicts of guilty were unreasonable or could not be supported having regard to the evidence.
Held, (per Kourakis CJ, Kelly P and Doyle JA agreeing) dismissing the appeal:
1. the Judge correctly used evidence relating to Count 4 in support of her Honour’s finding that the identity of the substance supplied as charged in Counts 1, 2 and 3 was cannabis;
2. the Judge correctly used the discreditable conduct evidence of intercepted telephone conversations and unexplained wealth;
3. the Judge did not use the evidence of the appellant’s participation in the supply of cannabis as propensity evidence to prove Count 5 other than insofar as the evidence of the former showed that the appellant coordinated the activities of his associates;
4. the Judge correctly directed…
Continue reading Catanzariti v The Queen
Sign in free to access the full text
- AGLC
- Catanzariti v The Queen [2021] SASCA 110
- Case
- [2021] SASCA 110
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Full Court were whether the trial judge had erred in admitting and utilising evidence relating to a separate count (Count 4) to establish the identity of the substance in other counts, whether discreditable conduct evidence, including intercepted telephone conversations and unexplained wealth, was correctly used, and whether evidence of the appellant's participation in the supply of cannabis was improperly used as propensity evidence for another count (Count 5). Further issues included the correct application of the law regarding the appellant's involvement in drug trafficking as evidence of being engaged in the business of trafficking, the admissibility of acts and statements of the appellant's associates, and ultimately, whether the evidence proved the appellant trafficked cannabis and MDMA as charged.
The Full Court, comprising Kourakis CJ, Kelly P, and Doyle JA, dismissed the appeal. The Court reasoned that the trial judge had correctly admitted and used evidence from Count 4 to identify the substance in Counts 1, 2, and 3. The discreditable conduct evidence was also deemed correctly used, and the evidence of cannabis supply was not improperly used as propensity evidence for Count 5, but rather to demonstrate the appellant's coordination of associates. The judge's directions on the use of evidence of drug trafficking to infer engagement in the business of trafficking, and the warnings against "bad person" reasoning, were also found to be correct. The Court further held that the acts and statements of the appellant's associates were properly admitted, and that the totality of the evidence established that the appellant trafficked cannabis and MDMA as charged. The contention that there was insufficient evidence of the appellant directing the packaging of ecstasy for trafficking to Western Australia was rejected as the evidence was considered overwhelming.
Orders
Orders of the court
Held, (per Kourakis CJ, Kelly P and Doyle JA agreeing) dismissing the appeal:
1. the Judge correctly used evidence relating to Count 4 in support of her Honour’s finding that the identity of the substance supplied as charged in Counts 1, 2 and 3 was cannabis;
2. the Judge correctly used the discreditable conduct evidence of intercepted telephone conversations and unexplained wealth;
3. the Judge did not use the evidence of the appellant’s participation in the supply of cannabis as propensity evidence to prove Count 5 other than insofar as the evidence of the former showed that the appellant coordinated the activities of his associates;
4. the Judge correctly directed herself on the use of the appellant’s involvement in trafficking cannabis and/or pills as evidence that the appellant was engaged in the business of trafficking those drugs, correctly warned herself against bad person reasoning and adverted to other non-propensity uses of discreditable conduct evidence;
5. the evidence of the acts and statements of the appellant’s associates were correctly admitted;
6. the evidence proved that the appellant trafficked cannabis and MDMA as charged.
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
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.