Dodd v The Queen

Case [2002] WASCA 55


DODD -v- THE QUEEN [2002] WASCA 55



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 55
COURT OF CRIMINAL APPEAL
Case No:CCA:92/200121 FEBRUARY 2002
Coram:WALLWORK J
WHEELER J
MILLER J
15/03/02
22Judgment Part:1 of 1
Result: Appeal against conviction dismissed
Applications for leave to appeal against sentence refused
B
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Parties:PETER GEOFFREY DODD
THE QUEEN
GREGORY JAMES KING
PETA NARELLE HARRIS

Catchwords:

Criminal law
Conspiracy to manufacture methylamphetamine
Whether evidence sufficient to support conviction
Turns on own facts
Criminal law
Sentencing
Whether 6 years' imprisonment manifestly excessive
Relevance of drug that could have been produced
Prior good character of applicants

Legislation:

Nil

Case References:

Ahern v R (1988) 165 CLR 87
Cabassi v The Queen [2000] WASCA 305
Christianos v The Queen [2000] WASCA 184
Etrelezis v The Queen [2001] WASCA 327
Lowndes v The Queen (1999) 195 CLR 665
M v The Queen (1994) 181 CLR 487
Nobes v The Queen, unreported; CCA SCt of WA; Library No 980097; 5 March 1998
Poyner v R (1986) 17 A Crim R 162
Punevski v The Queen [2000] WASCA 71
Savvas v The Queen (1995) 183 CLR 1
Schuster v The Queen, unreported; CCA SCt of WA; Library No 970180; 23 April 1997
Shepherd v The Queen (No 5) (1990) 170 CLR 573
Taouk v R (1992) 65 A Crim R 387
Townsend v The Queen [2001] WASCA 249
Wong v The Queen (2001) 76 ALJR 79

Bellissimo v R (1996) 84 A Crim R 465
Darwell v R (1997) 94 A Crim R 35
Dinsdale v R (2000) 175 ALR 315
Jones v The Queen (1997) 72 ALJR 78
Lim v The Queen [1999] WASCA 296
Lowe v The Queen (1984) 154 CLR 606
Paparone v The Queen [2000] WASCA 127
Postiglione v The Queen (1997) 189 CLR 295
R v Grein [1989] WAR 178
The Queen v Kane [1975] VR 658
Veneziani v The Queen [2001] WASCA 246
Watt v The Queen [2000] WASCA 354
Worth v The Queen [2001] WASCA 303

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : DODD -v- THE QUEEN [2002] WASCA 55 CORAM : WALLWORK J
    WHEELER J
    MILLER J
HEARD : 21 FEBRUARY 2002 DELIVERED : 15 MARCH 2002 FILE NO/S : CCA 92 of 2001
    CCA 118 of 2001
BETWEEN : PETER GEOFFREY DODD
    Appellant

    AND

    THE QUEEN
    Respondent

FILE NO/S : CCA 120 of 2001 BETWEEN : GREGORY JAMES KING
    Applicant

    AND

    THE QUEEN
    Respondent
FILE NO/S : CCA 126 of 2001 BETWEEN : PETA NARELLE HARRIS
    Applicant


(Page 2)
    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Conspiracy to manufacture methylamphetamine - Whether evidence sufficient to support conviction - Turns on own facts



Criminal law - Sentencing - Whether 6 years' imprisonment manifestly excessive - Relevance of drug that could have been produced - Prior good character of applicants


Legislation:

Nil




Result:

Appeal against conviction…

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Details
AGLC
Dodd v The Queen [2002] WASCA 55
Case
[2002] WASCA 55
Decision Date

CaseChat Overview and Summary

The appellants were convicted of conspiracy to manufacture methylamphetamine, and they sought to appeal their convictions and sentences. The case involved the application of the principles of criminal law to determine whether the evidence was sufficient to support the convictions and whether the sentences imposed were manifestly excessive. The appellants argued that the evidence was insufficient to prove their involvement in the conspiracy beyond reasonable doubt, and that the sentences were excessively harsh given the potential amount of methylamphetamine that could have been produced and their prior good character. The central legal issues revolved around the interpretation of the evidence presented in the trial and the appropriate application of sentencing principles.

The court examined the sufficiency of the evidence to support the convictions and concluded that the evidence, when viewed in its entirety, was sufficient for a reasonable jury to conclude that the appellants were involved in the conspiracy. The court found that the evidence, including witness testimonies, phone records, and other circumstantial evidence, was sufficient to establish the conspiracy and the appellants' roles within it. Regarding the sentences, the court held that the sentences were not manifestly excessive. It noted the seriousness of the offence and the potential harm that could have resulted from the production of the methylamphetamine. The court also considered the appellants' prior good character but found that it did not warrant a significantly reduced sentence.

In light of the above, the appeal against the convictions was dismissed, and the applications for leave to appeal against the sentences were refused. The court found that the evidence was sufficient to support the convictions and that the sentences were appropriate given the circumstances of the case. The court emphasised the importance of considering the potential harm and the appellants' roles in the conspiracy when determining the appropriate sentence. The final orders of the court were that the appeal against the convictions was dismissed, and the applications for leave to appeal against the sentences were refused.

Orders

Orders of the court

Appeal against conviction dismissed

Applications for leave to appeal against sentence refused

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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