CLIMO -v- THE QUEEN [No 2] [2016] WASCA 233
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2016] WASCA 233 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACR:223/2015 | 2 DECEMBER 2016 | |
| Coram: | MAZZA JA MITCHELL JA BEECH J | 23/12/16 | |
| 7 | Judgment Part: | 1 of 1 | |
| Result: | Application for leave to appeal against sentence dismissed Appeals dismissed | ||
| B | |||
| PDF Version |
| Parties: | BENJAMIN GORDON CLIMO THE QUEEN |
Catchwords: | Criminal law Appeal against conviction Importing marketable quantity of a border controlled drug Whether trial judge erred in directing the jury as to the applicable fault element of recklessness Criminal law Application for leave to appeal against sentence Manifest excess |
Legislation: | Criminal Code (Cth), s 307.2 |
Case References: | Alford v Magee (1952) 85 CLR 437 Director of Public Prosecutions (Cth) v JM [2013] HCA 30; (2013) 250 CLR 135 Huynh v The Queen [2013] HCA 6; (2013) 87 ALJR 434 Kenworthy v The Queen [2016] WASCA 207 Lau v The Queen [2011] VSCA 324 Nell v The Queen [2014] WASCA 193 Ng v The Queen [2012] WASCA 180 R v UE [2016] QCA 58 So v The Queen [2014] WASCA 169 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : CLIMO -v- THE QUEEN [No 2] [2016] WASCA 233 CORAM : MAZZA JA
- MITCHELL JA
BEECH J
- CACR 224 of 2015
- Appellant
AND
THE QUEEN
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : LEVY DCJ
File No : IND 1112 of 2014
Catchwords:
Criminal law - Appeal against conviction - Importing marketable quantity of a border controlled drug - Whether trial judge erred in directing the jury as to the applicable fault element of recklessness
Criminal law - Application for leave to appeal against sentence - Manifest excess
Legislation:
Criminal Code (Cth), s 307.2
Result:
Application for leave to appeal against sentence dismissed
Appeals dismissed
Category: B
Representation:
Counsel:
Appellant : Mr S B Watters
Respondent : Mr H C Quail
Solicitors:
Appellant : Go To Court Lawyers
Respondent : Director of Public Prosecutions (Cth)
Case(s) referred to in judgment(s):
Alford v Magee (1952) 85 CLR 437
Director of Public Prosecutions (Cth) v JM [2013] HCA 30; (2013) 250 CLR 135
Huynh v The Queen [2013] HCA 6; (2013) 87 ALJR 434
Kenworthy v The Queen [2016] WASCA 207
Lau v The Queen [2011] VSCA 324
Nell v The Queen [2014] WASCA 193
Ng v The Queen [2012] WASCA 180
R v UE [2016] QCA 58
So v The Queen [2014] WASCA 169
- REASONS OF THE COURT:
Statutory framework
1 The appellant was convicted of importing a marketable quantity of a substance, methamphetamine, which is a border controlled drug. That is an offence against s 307.2(1) of the Criminal Code (Cth), which relevantly provides:
A person…
Continue reading Climo v The Queen [No 2]
Sign in free to access the full text
- AGLC
- Climo v The Queen [No 2] [2016] WASCA 233
- Case
- [2016] WASCA 233
- Decision Date
CaseChat Overview and Summary
The court examined the trial judge's direction in detail, focusing on whether it correctly aligned with established legal principles. It assessed whether the trial judge's explanation of the fault element was clear and accurate, and whether it provided the jury with a proper understanding of the necessary standard of care. The court found that the direction was in accordance with the law and did not constitute an error. It concluded that the trial judge's direction was not misleading and appropriately conveyed the legal requirements to the jury. Consequently, the court dismissed the appeal against the conviction.
The court also considered the application for leave to appeal against the sentence. The appellant claimed that the sentence was manifestly excessive, but the court found no basis for such a claim. It found that the sentence was within the appropriate range and did not amount to a manifest excess. Therefore, the application for leave to appeal against the sentence was also dismissed.
The final orders of the court were that the application for leave to appeal against the sentence was dismissed and the appeals against the conviction and the sentence were dismissed. The appellant's conviction and sentence were upheld as determined by the trial court.
Orders
Orders of the court
Application for leave to appeal against sentence dismissed
Appeals dismissed
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
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.