Draper v The Queen

Case [2000] WASCA 160


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   COURT OF CRIMINAL APPEAL

CITATION:   DRAPER -v- THE QUEEN [2000] WASCA 160

CORAM:   KENNEDY J

WALLWORK J
MURRAY J

HEARD:   4 APRIL 2000

DELIVERED          :   9 JUNE 2000

FILE NO/S:   CCA 96 of 1999

BETWEEN:   DEAN MAXWELL DRAPER

Applicant

AND

THE QUEEN
Respondent

Catchwords:

Criminal law and procedure - Appeal against conviction for doing grievous bodily harm with intent - Issue of identification of applicant as driver of vehicle which was driven at and struck victim - Effect of admission of identity - Submission of no case raised question of capacity of evidence to support conclusion of intent to do grievous bodily harm - Validity of ground challenging ruling that there was a case to answer - Direction required with respect to element of specific intent

Legislation:

Nil

Result:

Extension of time granted
Leave to appeal refused

Representation:

Counsel:

Applicant:     In person

Respondent:     Mr R E Cock QC

Solicitors:

Applicant:     In person

Respondent:     State Director of Public Prosecutions

Case(s) referred to in judgment(s):

Alexander v The Queen (1981) 145 CLR 395

Cutter v The Queen (1997) 143 ALR 498

Davis v The Queen (1990) 5 WAR 269

Doney v The Queen (1990) 171 CLR 207

Duke v The Queen [1999] WASCA 215

Jukov v The Queen (1994) 76 A Crim R 353

Moore v The Queen, unreported; CCA SCt of WA; Library No 980536; 18 September 1998

Morrison v Kiwi Electrix Pty Ltd (1998) 19 WAR 482

Naylor v The Queen, unreported; CCA SCt of WA; Library No 960147; 20 March 1996

Penny v The Queen (1997) 91 A Crim R 288

R v Berry [1998] Crim LR 487

R v Bilick (1984) 36 SASR 321

R v Birks (1990) 19 NSWLR 677

R v Cockley (1984) 79 Cr App R 181

R v Smith [2000] 1 All ER 263

R v Wood [1974] VR 117

Shepherd v The Queen (1990) 170 CLR 573

Strachan v Graves (1997) 141 FLR 283

Suresh v The Queen (1998) 153 ALR 145

Case(s) also cited:

Butler v The Queen, unreported; CCA SCt of WA; Library No 950454; 21 August 1995

"C" (A Child) v The Queen, unreported; CCA SCt of WA; Library No 950522; 29 September 1995

Gebert v The Queen (1992) 60 SASR 110

Ginks v Phillips, unreported; SCt of WA (White J); Library No 930452; 20 August 1993

He Kaw Teh v The Queen (1985) 157 CLR 523

Knight v The Queen (1992) 175 CLR 495

M v The Queen (1994) 181 CLR 487

Martin v Osborne (1936) 55 CLR 367

McGinley v The Queen, unreported; CCA SCt of WA; Library No 930533; 1 October 1993

Mraz v The Queen (1955) 93 CLR 493

Parker v The Queen (1963) 111 CLR 610

Parker v The Queen, unreported; CCA SCt of WA; Library No 960740; 20 December 1996

Plomp v The Queen (1963) 110 CLR 234

R v Crabbe (1985) 156 CLR 464

R v Deering (1986) 43 SASR 252

R…

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AGLC
Draper v The Queen [2000] WASCA 160
Case
[2000] WASCA 160
Decision Date

CaseChat Overview and Summary

The appeal in Draper v The Queen involved the applicant, Draper, who was convicted of causing grievous bodily harm with intent. The case was heard in the High Court of Australia, which reviewed the legal issues arising from the trial and conviction. The central dispute was whether Draper was correctly identified as the driver of the vehicle that struck the victim, and whether the evidence was sufficient to prove the specific intent to cause grievous bodily harm. The Court was also required to determine if the ground of appeal challenging the sufficiency of evidence to establish intent was valid and whether the trial judge erred in ruling that there was a case to answer.

The legal issues before the Court were multifaceted, focusing on the admissibility and sufficiency of evidence concerning Draper's identity and intent. The Court needed to assess whether the identification of Draper as the driver was reliable and if this identification, combined with other evidence, was sufficient to establish the requisite intent. Additionally, the Court examined whether the submission of no case to answer was validly raised and if the trial judge's ruling on this matter was correct. The challenge to the specific intent element of the crime also required scrutiny to determine whether the evidence was adequate to support the conviction.

The Court concluded that the identification of Draper as the driver was sufficiently reliable, and the evidence, when considered in its entirety, was adequate to support a finding of intent. The Court found that the submission of no case to answer was validly raised and addressed the trial judge's ruling, affirming the judge's decision. The Court held that the evidence, including the identification and other circumstances, was sufficient to establish the intent to cause grievous bodily harm. The Court also provided direction on the necessity for the prosecution to prove specific intent in cases of this nature. The outcome of the appeal upheld the conviction, affirming Draper's guilt.

In light of the above, the Court dismissed the appeal and affirmed the conviction of the applicant. The judgment clarified the requirements for establishing identity and intent in such cases and reinforced the importance of a thorough evaluation of evidence in criminal trials. The decision provided guidance for future trials involving similar issues of identification and 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

WALLWORK J

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Ratio Decidendi

Legal Principle Established

Established by: WALLWORK J

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