SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2016 0230
| PETER STANLEY GANT | Applicant |
| v | |
| THE QUEEN | Respondent |
S APCR 2016 0231
| MOHAMED AMAN SIDDIQUE | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | WEINBERG, PRIEST and McLEISH JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 27 April 2017 |
| DATE OF ORDERS: | 27 April 2017 |
| DATE OF REASONS: | 8 May 2017 |
| MEDIUM NEUTRAL CITATION: | [2017] VSCA 104 |
| JUDGMENT APPEALED FROM: | R v Gant (Unreported, Supreme Court of Victoria, Croucher J, 4–8, 11–15, 18–22, 26–29 April, 2–6, 9–12 May 2016) |
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CRIMINAL LAW – Appeal – Conviction – Unreasonable verdict – Obtaining financial advantage by deception (2 counts), attempting to obtain financial advantage by deception (1 count) – Circumstantial case – Sale of allegedly fake Brett Whiteley paintings pursuant to joint criminal enterprise – Judge gave invitation to jury in accordance with R v Prasad (1979) 23 SASR 161 – Jury rejected invitation and entered verdicts of guilty – Appeals conceded by Crown – Whether jury must have entertained reasonable doubt regarding applicants’ guilt – Whether inference of guilt only reasonable inference available on evidence – R v Baden-Clay (2016) 90 ALJR 1013, 1020–1 [46]–[48], 1023–4 [65]–[66], referred to – Appeals allowed.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant in S APCR 2016 0230 | Mr T E Wraight QC with Ms F H Todd | Stary Norton Halphen |
| For the Applicant in S APCR 2016 0231 | Mr R van de Wiel QC with Mr J A Ribbands | James Dowsley & Associates Pty Ltd |
| For the Respondent | Mr D D Gurvich QC with Mr J Gullaci | Mr J Cain, Solicitor for Public Prosecutions |
WEINBERG JA
PRIEST JA
McLEISH JA:
After a five week trial, the applicants, Peter Stanley Gant and Mohamed Aman Siddique, were each convicted on two charges of obtaining a financial advantage by deception[1] and one charge of attempting to obtain a financial advantage by deception.[2] Gant was sentenced to a total of 5 years’ imprisonment, with a non-parole period of 2 years and 6 months. Siddique was sentenced to a total of 3 years’ imprisonment, of which all but 10 months was suspended. Each sought leave to appeal on the ground that the verdict of the jury was unreasonable or could not be supported having regard to the evidence.[3]
[1]See Crimes Act 1958 s 82(1).
[2]See ibid ss 82(1), 321M.
[3]See Criminal Procedure Act 2009 s 276(1)(a).
Late in the afternoon of the day before the hearing of the applications, the Director of Public Prosecutions informed the Court, with conspicuous fairness, that he would concede the ground of each appeal.[4] For the reasons that follow, we accepted that concession (which reflected the provisional view to which each of us had come before the hearing), quashed the convictions and ordered that verdicts of acquittal be entered for each applicant.
[4]We observed at the hearing that, while the concession was of course welcome, its late timing was a matter of considerable regret.
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- AGLC
- Gant v The Queen [2017] VSCA 104
- Case
- [2017] VSCA 104
- Decision Date
CaseChat Overview and Summary
The court examined the evidence presented and the circumstances under which the jury reached their verdict. The trial judge had given the jury an invitation in accordance with R v Prasad, which allowed the jury to consider whether the evidence was so unsatisfactory or unreliable that it should not be acted upon. However, the jury rejected this invitation and entered verdicts of guilty against the appellants. The court considered whether the jury's verdict was unreasonable, and whether it was open to the court to conclude that no reasonable jury could have found the appellants guilty beyond reasonable doubt. The court referred to R v Baden-Clay and held that the jury's verdict was unreasonable.
The court found that the inference of guilt was not the only reasonable inference available on the evidence, and that the jury must have entertained reasonable doubt regarding the appellants' guilt. The court allowed the appeals and quashed the convictions. The reasoning of the court was based on the unreliability of the evidence presented and the need for the jury to have entertained reasonable doubt regarding the guilt of the appellants. The court held that the jury's verdict was unreasonable and that the appeals should be allowed. This decision highlights the importance of the reliability of evidence in criminal cases and the need for juries to carefully consider all the evidence before reaching a verdict.
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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