Georgiadis v The Queen

Case [2002] TASSC 58


[2002] TASSC 58

CITATION:                 Georgiadis & Ors v R [2002] TASSC 58

PARTIES:  GEORGIADIS, John

THEODOSIS, Julie
BELBIN, John
v
R

TITLE OF COURT:  COURT OF CRIMINAL APPEAL (TAS)
JURISDICTION:  APPELLATE
FILE NO/S:  CCA 59/2001; CCA 60/2001; CCA 65/2001

CCA 66/2001; CCA 69/2001

DELIVERED ON:  30 August 2002
DELIVERED AT:  Hobart
HEARING DATES:  18-22 March and 6 June 2002
JUDGMENT OF:  Cox CJ, Crawford and Evans JJ

CATCHWORDS:

Criminal Law - General matters - Ancillary liability - Conspiracy - Generally - Whether Crown must prove guilt of all named conspirators.

Gerakiteys v R (1983 - 1984) 153 CLR 317, distinguished.
Aust Dig Criminal Law [87]

Criminal Law - General matters - Ancillary liability - Conspiracy - Proof and evidence - Evidence of participation by accused in conspiracy - Reasonable independent evidence of participation - Co-conspirators rule of evidence - Direction to jury - Multiple charges and accused - Need to identify evidence admissible under rule with respect to each charge and each accused - Whether the jury must agree that the same persons were parties to the conspiracy.

Ahern v R (1998) 165 CLR 87; R v Masters (1992) 26 NSWLR 450, applied.
Conway v R (2000) 172 ALR 185, disapproved.
KBT v R (1997) 191 CLR 417; Giannetto [1997] 1 Cr App R 1; Beach (1994) 75 A Crim R 447; R v Leivers and Ballinger [1999] 1 Qd R 649; R v Kamara [1974] AC 105; Woss v Jackson (1985) 11 FCR 243; R v Griffiths [1966] 1 QB 589; Phillips (1988) 86 Cr App R 18, referred to.
Aust Dig Criminal Law [95]

Criminal Law - Appeal and new trial and enquiry after conviction - Appeal and new trial - Particular grounds - Fresh evidence - General principles - Miscarriage of justice - Course to be taken by appeal court - Hearing and evaluation of new evidence.

Ratten v R (1974) 131 CLR 510; Lawless v R (1978 - 1979) 142 CLR 659, applied.
Aust Dig Criminal Law [987]

Criminal Law - Evidence - Matters relating to proof - Standard of proof - Circumstantial evidence - Reasonable hypothesis consistent with innocence - Direction to jury - Adequacy - Whether need for direction that intermediate conclusions of fact should be proved beyond reasonable doubt.

Chamberlain v R (No 2) (1983) 153 CLR 521; Shepherd v R (1990) 170 CLR 573, referred to.
Aust Dig Criminal Law [450]

Criminal Law - Jurisdiction, practice and procedure - Judgment and punishment - Sentence - Factors to be taken into account - Circumstances of offender - Conduct during delay between offence and sentencing.

R v Todd (1982) 2 NSWLR 517; Duncan v R (1983) 47 ALR 746, R v Miceli [1997] VR 588, referred to.
Aust Dig Criminal Law [831]

Criminal Law - Jurisdiction, practice and procedure - Judgment and punishment - Sentence - Factors to be taken into account - Parity - General principles - Principle confined…

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AGLC
Georgiadis v The Queen [2002] TASSC 58
Case
[2002] TASSC 58
Decision Date

CaseChat Overview and Summary

The Court of Criminal Appeal of Tasmania dismissed the appeals of John Georgiadis and Julie Theodosis against their convictions but allowed the appeal of John Belbin against his sentence. The appeals arose from a case involving multiple conspiracies to defraud the Minister of Sea Fisheries by understating the weight of abalone caught and processed, and omitting to lodge required documentation. The appellants were convicted of various conspiracy charges and one appellant, Theodosis, was also convicted of perverting justice. The appeals raised issues concerning the adequacy of jury directions, the admissibility of co-conspirators' statements, the effect of the appellants' marriage on the conspiracy charges, and the severity of the sentences imposed. The Court found that the jury directions were adequate, the co-conspirators' statements were properly admitted, and there was no miscarriage of justice due to the omission of a direction concerning the marital status of the appellants. However, the Court found that the sentencing judge had erred in assessing the period of Theodosis's involvement in the conspiracies and in not giving sufficient weight to the appellants' cooperation during the trial. The Court also found that the sentences imposed on Georgiadis and Theodosis were not manifestly excessive but that Theodosis's sentence should be reconsidered in light of the errors identified.

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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