SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2013 0086
S APCR 2013 0090
| BRENDAN DAVIES |
| Applicant |
| v |
| THE QUEEN |
| Respondent |
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| JUDGES | REDLICH and WEINBERG JJA and SIFRIS AJA | |
| WHERE HELD | MELBOURNE | |
| DATE OF HEARING | 25 March 2014 | |
| DATE OF JUDGMENT | 14 November 2014 | |
| MEDIUM NEUTRAL CITATION | [2014] VSCA 284 | 1st revision: 6 January 2015, para [141] |
| JUDGMENT APPEALED FROM | DPP v Davies (Unreported, County Court of Victoria, Judge Howie, 28 July 2011 (1st Conviction)) DPP v Davies (Unreported, County Court of Victoria, Judge Howie, 5 September 2011 (2nd Conviction)) DPP v Davies [2013] VCC 570 (Judge Howie) (Sentence) | |
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CRIMINAL LAW – Armed with a controlled weapon with criminal intent – Plan to kidnap and harm prostitute – Whether prosecutor’s conduct caused trial to miscarry – Whether conviction was unsafe and unsatisfactory – Sentence of two years and ten months’ imprisonment – Appeal against conviction and sentence dismissed.
CRIMINAL LAW – Handling stolen goods – Whether sufficient evidence for jury to be satisfied beyond reasonable doubt that applicant knew or believed that numberplates in his possession were stolen – Weissensteiner v The Queen (1993) 178 CLR 217, discussed – Conviction for handling stolen goods quashed.
CRIMINAL LAW – Possessing an unregistered firearm as a prohibited person – Definition of a ‘firearm’ for the purposes of s 3 of the Firearms Act 1996 – Whether device designed for the purpose of discharging missile – Unnecessary that the device capable of discharging shot or a missile – Whether a miscarriage arose due to conduct of prosecutor, judge’s charge or admission of evidence.
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| Appearances: | Counsel | Solicitors |
| For the Applicant | The Applicant appeared in person | |
| For the Crown | Mr T Gyorffy SC | Mr C Hyland, Solicitor for Public Prosecutions |
REDLICH JA
WEINBERG JA
SIFRIS AJA:
Following a trial, the applicant, Brendan Ian Davies, was found guilty in the County Court of the offence of being armed with a controlled weapon with criminal intent. After a second trial, the applicant was found guilty of the offences of handling stolen goods and possessing an unregistered firearm as a prohibited person. At that second trial, the applicant was acquitted of another charge of possessing an unregistered firearm as a prohibited person. The jury was discharged without verdict in relation to a charge of possessing an explosive substance without lawful excuse. The applicant was sentenced following both trials as follows:
Charge on Indictment Offence Maximum Sentence Cumulation First trial — Indictment Y00284567.2 1 Armed with controlled weapon with criminal intent [Crimes Act 1958 (Vic) s 31B(2)] 5 years
2 years, 10 months Base Second trial — Indictment Y00284567.1 1 Handle stolen goods [Crimes Act 1958 (Vic) s 88(1)] 15 years 2 months 2 months 2 Possess unregistered firearm – prohibited person [Firearms Act 1996 (Vic) s 5(1A)] 15 years 1 month Nil Total Effective Sentence: 3 years’ imprisonment Non-Parole Period: 18 months’ imprisonment
The applicant appeared in person before this Court. He seeks leave to appeal against…
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- AGLC
- Davies v The Queen [2014] VSCA 284
- Case
- [2014] VSCA 284
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court involved the sufficiency of evidence regarding the appellant's knowledge that the numberplates were stolen, the potential miscarriage of justice due to the prosecutor's conduct, and the definition of a 'firearm' under the Firearms Act 1996. The court had to determine if the evidence was sufficient to prove the appellant's knowledge that the numberplates were stolen beyond reasonable doubt, following the precedent set by Weissensteiner v The Queen. Additionally, the court examined whether the trial was compromised by the prosecutor's conduct, the judge's charge, or the admission of evidence, and whether these factors led to a miscarriage of justice.
The court found that while the evidence was sufficient to prove the appellant's knowledge that the numberplates were stolen, the conviction for handling stolen goods was quashed due to the prosecutor's conduct which led to a miscarriage of justice. The court concluded that the definition of a 'firearm' under the Firearms Act 1996 did not necessitate that the device be capable of discharging a shot or a missile, and thus the appeal against the conviction and sentence for possessing an unregistered firearm was dismissed. The appeal against the conviction for armed with a controlled weapon with criminal intent was also dismissed, as the court found no miscarriage of justice.
The final orders of the court were to affirm the conviction and sentence for possessing an unregistered firearm as a prohibited person, to quash the conviction for handling stolen goods, and to dismiss the appeal against the conviction and sentence for armed with a controlled weapon with criminal intent.
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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