Licciardello v The Queen

Case [2012] ACTCA 16


Alfio Licciardello v The Queen [2012]
ACTCA 16 (4 April 2012)

PRACTICE AND PROCEDURE – whether appellant bound by his conduct at trial – whether appellant prevented from appealing his conviction on new grounds on appeal

CRIMINAL LAW – whether officer held requisite suspicion so as to effect lawful arrest – whether appellant was physically placed under arrest – whether appellant in lawful custody

Crimes Act 1900 (ACT), ss 160, 212

Hill v The Queen [2011] ACTCA 5
Jovic v Lamont [2007] NSWCA 47
Ashrafi Persian Trading Co Pty Ltd t/as Roslyn Gardens Motor Inn v Ashrafinia (2002) Aust Torts Reports 81-636
Michaels v The Queen (1995) 184 CLR 117
R v Templeton [1956] VLR 709
Warren v Coombes (1979) 142 CLR 531
Donaldson v Broomby (1982) 40 ALR 525
DPP v Carr (2002) 127 A Crim R 151
Alderson v Booth [1969] 2 QB 216
R v O’Donoghue (1988) 34 A Crim R 397
Wilson v New South Wales (2010) 278 ALR 74
Holgate-Mohammed v Duke [1984] AC 437
R v Goodwin [1993] 2 NZLR 153
Eatts v Dawson (1990) 21 FCR 166

R v Hill [2012] ACTSC 17

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 39 – 2011
No. SCC 55 of 2010

Judges: Higgins CJ, Penfold and Cowdroy JJ
Supreme Court of the ACT
Date:  4 April 2012

IN THE SUPREME COURT OF THE     )
  )             No.   ACTCA 39 - 2011
AUSTRALIAN CAPITAL TERRITORY           )             No.   SCC 55 of 2010
  )
COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:ALFIO LICCIARDELLO

Appellant

AND:             THE QUEEN
  Respondent

ORDER

Judge:  Higgins CJ, Penfold and Cowdroy JJ
Date:  4 April 2012
Place:  Canberra

THE COURT ORDERS THAT:

  1. The conviction of the appellant on the charge that he, being a person in lawful custody, escaped from that arrest, be set aside, and a verdict of not guilty in respect of that charge be entered.

IN THE SUPREME COURT OF THE     )
  )             No.   ACTCA 39 - 2011
AUSTRALIAN CAPITAL TERRITORY           )             No.   SCC 55 of 2010
  )
COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:ALFIO LICCIARDELLO

Appellant

AND:THE QUEEN

Respondent

Judge:  Higgins CJ, Penfold and Cowdroy JJ
Date:  4 April 2012
Place:  Canberra

REASONS FOR JUDGMENT

THE COURT

  1. The appellant appeals from the orders of Nield AJ (“the trial judge”’) made on 29 June 2011 which provided as follows:

1.Accused convicted of the offence of escape from lawful custody after being arrested.

2.Accused sentenced to nine months’ imprisonment, from 16 March 2011 – 15 December 2011, with balance to be suspended from 29 June 2011.

3.Accused placed on a good behaviour bond until 15 December 2011.

  1. The essential ground of appeal claims that the verdict is unsafe or unsatisfactory. The appellant alleges that there was no or insufficient evidence that he was lawfully arrested prior…

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Details
AGLC
Licciardello v The Queen [2012] ACTCA 16
Case
[2012] ACTCA 16
Decision Date

CaseChat Overview and Summary

The appeal concerned the conviction of the appellant, Licciardello, for escaping lawful custody. The central dispute revolved around the lawfulness of the arrest that preceded the alleged escape. The case was heard by Higgins CJ, Penfold and Cowdroy JJ.

The court was required to determine two primary legal issues. Firstly, whether the arresting officer held the requisite suspicion to effect a lawful arrest under the relevant legislation. Secondly, whether the appellant was physically placed under arrest and therefore in lawful custody at the time of the alleged escape. The court also considered whether the appellant was bound by his conduct at trial and thus prevented from raising new grounds on appeal.

The court reasoned that for an arrest to be lawful, the arresting officer must have entertained a genuine suspicion that the person had committed or was about to commit an offence. In this instance, the evidence did not establish that the officer held such a suspicion. Furthermore, the court found that the appellant had not been physically placed under arrest, meaning he was not in lawful custody. Consequently, the conviction for escaping lawful custody could not stand.

The conviction of the appellant on the charge of escaping lawful custody was set aside, and a verdict of not guilty was entered in respect of that charge.

Orders

Orders of the court

1.

The conviction of the appellant on the charge that he, being a person in lawful custody, escaped from that arrest, be set aside, and a verdict of not guilty in respect of that charge be entered.

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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