SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
COLLIE v POLICE
[2013] SASC 15
Reasons for Decision of The Honourable Justice Nicholson
11 February 2013
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - OTHER OFFENCES
EVIDENCE - BURDEN OF PROOF, PRESUMPTIONS, AND WEIGHT AND SUFFICIENCY OF EVIDENCE - GENERALLY - ONUS OF PROOF
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - GENERALLY
Appeal against a decision of a magistrate finding the appellant guilty of the offence of administering a prescription drug to her four year old son, for whom the drug had not been lawfully prescribed, contrary to s18(1d) of the Controlled Substances Act 1984 (SA). The appellant asserted that the Magistrate erred in admitting various aspects of the evidence, and that the finding of guilt is unsafe and unsatisfactory and cannot be supported having regard to the evidence.
Held: appeal allowed and the conviction quashed.
Magistrates Court Act 1991 (SA) s42; Controlled Substances Act 1984 (SA) s18, referred to.
Police v Collie Magistrate’s Reasons delivered 24 October 2012; Peacock v The King [1911] HCA 66, (1911) 13 CLR 619; Barca v R [1975] HCA 42, (1975) 133 CLR 82; Plomp v The Queen [1963] HCA 44, (1963) 110 CLR 234; Thomas v The Queen [1960] HCA 2, (1960) 102 CLR 584; Rowland v Police [2001] SASC 179, (2001) 79 SASR 569; Allison v Police [2005] SASC 447; Taylor v Hayes (1990) 53 SASR 282; R v Cosford and McDonald-Smith [2007] SASC 147; Shepherd [1990] HCA 56, (1990) 170 CLR 573; Weissensteiner v R (1993) 178 CLR 217; Azzopardi v R (2001) 205 CLR 50; R v Nguyen (2010) 242 CLR 491; R v Abrahamson (1994) 63 SASR 139; Andrews v The Queen (1968) 126 CLR 198; Gerakiteys v The Queen (1938) 153 CLR 317; DPP (Nauru) v Fowler (1984) 154 CLR 627, considered.
COLLIE v POLICE
[2013] SASC 15Magistrates Appeal
NICHOLSON J.
Introduction
This is an appeal from a decision of a magistrate finding the appellant guilty of the offence of administering a prescription drug to another person for whom that drug had not been lawfully prescribed, contrary to s18(1d) of the Controlled Substances Act 1984 (SA).
As the Magistrate, in his reasons for judgment, correctly observed, “the events of 28 February 2009 were a tragedy for Sarah Collie and her family”.
At around 9.20am that day Stephen Collie, the father of Sarah Collie went to his daughter’s home. There was no response to his knock on the front door and so he used his own key to gain entry to the house. Inside he found his daughter lying on the floor of the lounge room. She was incoherent and physically incapable of standing. Mr Collie then…
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- Collie v Police [2013] SASC 15
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- [2013] SASC 15
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CaseChat Overview and Summary
The court conducted an independent review of the evidence and found several errors in the Magistrate's reasoning process. The court concluded that the evidence provided by the Crown, which suggested that Collie administered drugs to her son to calm him, was speculative and did not sufficiently support a conviction. Furthermore, the court noted that the presence of the drugs in the child's system, while concerning, did not conclusively prove that they were the cause of death. The court acknowledged the stress Collie was under due to custody issues but found that this factor alone was insufficient to establish motive or intent.
Having reviewed the evidence afresh, the court determined that it could not support a conviction. The court emphasised the importance of considering the jury's role in determining guilt or innocence and the advantage they had in seeing and hearing the witnesses. The court concluded that the conviction was unsafe and unsatisfactory, leading to the decision to set aside the conviction and enter an acquittal. The court also considered the need for any other consequential orders and invited submissions from the parties on this matter.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: NICHOLSON J
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