Christopher John Miles v The Queen
[2014] ACTCA 18 (3 June 2014)
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – appeal against conviction – whether conviction was unsafe and unjust – whether open to a jury to conclude beyond reasonable doubt that the appellant was guilty of the offence
CRIMINAL LAW – GENERAL PRINCIPLES – conspiracy to commit aggravated robbery – scope of agreement to commit offence – whether there was evidence that agreement encompassed being in company – whether there was evidence that agreement encompassed use of force – whether there was evidence that agreement encompassed knife – whether there was evidence that agreement encompassed pinch bar
| Criminal Code 2002 (ACT), s 48, s 309, 310 | |
| Ahern v The Queen- (1988) 165 CLR 87 Birrell v Astor (1940) VLR 180 Dickson v The Queen (2010) 241 CLR 491 Gemmell - (1985) 1 CRNZ 496 Gerakiteys (1984) 153 CLR 317 Giorgianni v The Queen (1985) 156 CLR 473 Kelly v The Queen: (1989) 23 FCR 463 Markou v R: [2012] NSWCCA 64 M v The Queen (1994) 181 CLR 487 R v Barbouttis (1995) 37 NSWLR 256 R v Brougham - (1986) 43 SASR 187 R v Button; R v Griffen [2002] NSWCCA 159 R v Crozier, NSW Court of Criminal Appeal 8 March 1996, unreported R v Hillier (2007) 228 CLR 618 R v Leonie (1999) NSWCCA 14 R v Moore [1988] 1 Qd R 252 R v O’Brien: (1974) 59 Cr. App. R. 222 R v Orton [1922] VLR 469 R v RK and LK [2008] NSWCCA 338 R v Rogerson- (1992) 107 ALR 225 Rolls v The Queen [2011] VSCA 401 SKA v The Queen (2011) 243 CLR 400 Western Australia v Maria Mona Dick [2006] 161 A Crim R 271 Orchard G (1974) “Agreement in Criminal Conspiracy - 1”, Criminal Law Review 297 | |
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. ACTCA 58 of 2012
No. SCC 395A of 2011
Judges: Murrell CJ, Penfold and Ross JJ
Court of Appeal of the Australian Capital Territory
Date: 3 June 2014
IN THE SUPREME COURT OF THE ) No. ACTCA 58 of 2012
) No. SCC 395A of 2011
AUSTRALIAN CAPITAL TERRITORY )
)
COURT OF APPEAL )
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: CHRISTOPHER JOHN MILES
Appellant
AND:THE QUEEN
Respondent
ORDER
Judges: Murrell CJ, Penfold and Ross JJ
Date: 3 June 2014
Place: Canberra
THE COURT ORDERS THAT:
The appeal against conviction is dismissed.
IN THE SUPREME COURT OF THE ) No. ACTCA 58 of 2012
) No.…
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- AGLC
- Christopher John Miles v The Queen [2014] ACTCA 18
- Case
- [2014] ACTCA 18
- Decision Date
CaseChat Overview and Summary
The Court was required to determine the scope of the agreement between the appellant and a co-offender, Ramos, to commit the aggravated robbery. Specifically, the court had to consider whether the evidence supported a finding that the agreement encompassed the use of force, the presence of a knife, the use of a pinch bar, and the element of being in company.
The Court reasoned that the evidence, including intercepted telephone conversations and the testimony of Ramos, established a clear agreement between the appellant and Ramos to rob Woolworths. The conversations on 5 and 6 January 2011, along with the appellant's admissions during his record of interview, demonstrated an intention to steal bags of money. Ramos' evidence indicated that preparations were made, including the gathering of a balaclava, pinch bar, and beanies, and that Ramos placed a knife in his pocket. The pinch bar was placed in the bag by the appellant. Ramos' understanding that the appellant would decide the timing of the entry, whether before or after closing, and the potential use of the pinch bar to force entry, supported the conclusion that the agreement encompassed the use of force and the presence of the pinch bar. The fact that they were apprehended together while preparing for the robbery also supported the element of being in company. The Court found that the jury was entitled to conclude, beyond reasonable doubt, that the agreement included these elements, rendering the conviction safe and just.
The appeal against conviction was dismissed.
Orders
Orders of the court
1. The appeal against conviction is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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