Karamitsios v The Queen

Case [2015] WASCA 214


KARAMITSIOS -v- THE QUEEN [2015] WASCA 214



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2015] WASCA 214
THE COURT OF APPEAL (WA)
Case No:CACR:161/201419 MAY 2015
Coram:McLURE P
MAZZA JA
BEECH J
29/10/15
25Judgment Part:1 of 1
Result: CACR 161 of 2014:
Leave to appeal on ground 1 refused
Appeal dismissed
CACR 163 of 2014:
Leave to amend grounds of appeal refused
Application to admit additional evidence dismissed
Appeal dismissed
B
PDF Version
Parties:LEO KARAMITSIOS
THE QUEEN
FATION DULI

Catchwords:

Criminal law
Attempting to possess a marketable quantity of a border controlled drug which had been unlawfully imported
Appeal against conviction
Whether directions to jury gave rise to a miscarriage of justice

Legislation:

Criminal Appeals Act 2004 (WA), s 30(3)
Criminal Code (Cth), s 3.2, s 4.1, s 5.2, s 5.3, s 5.4, s 11.1, s 307.6

Case References:

Anderson v The State of Western Australia [2014] WASCA 230
Cox v The State of Western Australia [2011] WASCA 30
DPJB v The State of Western Australia [2010] WASCA 12
He Kaw Teh v The Queen (1985) 157 CLR 523
Kural v The Queen (1987) 162 CLR 502
Lawless v The Queen [1979] HCA 49; (1979) 142 CLR 659
Luong v The Director of Public Prosecutions (Cth) [2013] VSCA 296; (2013) 279 FLR 453
MAS v The State of Western Australia [2012] WASCA 36
Mule v The Queen [2005] HCA 49; (2005) 79 ALJR 1573
Saad v The Queen (1987) 61 ALJR 243
The Queen v LK (2010) 241 CLR 177
Tunja v The Queen [2013] VSCA 174; (2013) 41 VR 208


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : KARAMITSIOS -v- THE QUEEN [2015] WASCA 214 CORAM : McLURE P
    MAZZA JA
    BEECH J
HEARD : 19 MAY 2015 DELIVERED : 29 OCTOBER 2015 FILE NO/S : CACR 161 of 2014 BETWEEN : LEO KARAMITSIOS
    Appellant

    AND

    THE QUEEN
    Respondent
FILE NO/S : CACR 163 of 2014 BETWEEN : FATION DULI
    Appellant

    AND

    THE QUEEN
    Respondent


ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : KEEN DCJ

File No : IND 1236 of 2013


Catchwords:

Criminal law - Attempting to possess a marketable quantity of a border controlled drug which had been unlawfully imported - Appeal against conviction - Whether directions to jury gave rise to a miscarriage of justice

Legislation:

Criminal Appeals Act 2004 (WA), s 30(3)


Criminal Code (Cth), s 3.2, s 4.1, s 5.2, s 5.3, s 5.4, s 11.1, s 307.6

Result:

CACR 161 of 2014:


Leave to appeal on ground 1 refused
Appeal dismissed

CACR 163 of 2014:
Leave to amend grounds of appeal refused
Application to admit additional evidence dismissed
Appeal dismissed

Category: B


Representation:

CACR 161 of 2014

Counsel:


    Appellant : Mr S B Watters
    Respondent : Ms S J Oliver

Solicitors:

    Appellant : Barone Criminal Lawyers
    Respondent : Director of Public…

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AGLC
Karamitsios v The Queen [2015] WASCA 214
Case
[2015] WASCA 214
Decision Date

CaseChat Overview and Summary

The case of Karamitsios v The Queen involved the appellant, who was convicted of attempting to possess a marketable quantity of a border controlled drug that had been unlawfully imported. The appeal was brought before the court, which was tasked with reviewing the conviction and determining whether the jury directions given during the trial had led to a miscarriage of justice. The appellant argued that the directions provided to the jury were flawed, leading to an unfair trial and a wrongful conviction.

The central legal issue the court had to address was whether the jury directions given by the trial judge were adequate and whether any errors in those directions were significant enough to constitute a miscarriage of justice. This involved examining the specific instructions given to the jury regarding the mens rea required for the offence of attempting to possess a border controlled drug, and assessing whether these directions were misleading or misapplied the law. The court also considered whether any errors in the jury directions were sufficiently prejudicial to the appellant to warrant a new trial.

In its reasoning, the court found that the trial judge's directions to the jury were not flawed and did not give rise to a miscarriage of justice. The court held that the jury was properly instructed on the elements of the offence, including the necessary mens rea, and that the instructions were in line with established legal principles. The court emphasised that the jury was adequately informed of the requirements for proving the appellant's intent and knowledge regarding the importation of the drugs. Furthermore, the court concluded that any errors in the jury directions were not significant enough to impact the fairness of the trial or the reliability of the verdict.

The court dismissed the appeal, refused leave to amend the grounds of appeal, and dismissed the application to admit additional evidence. The appeal was ultimately dismissed, affirming the original conviction of the appellant. The court's decision underscored the importance of correctly instructing juries on legal principles and the high threshold required to overturn a conviction based on alleged errors in jury directions.

Orders

Orders of the court

CACR 161 of 2014:

Leave to appeal on ground 1 refused

Appeal dismissed

CACR 163 of 2014:

Leave to amend grounds of appeal refused

Application to admit additional evidence dismissed

Appeal dismissed

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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