Supreme Court of South Australia
(Court of Appeal: Criminal)
MAGRO v THE KING
[2022] SASCA 100
Judgment of the Court of Appeal
(The Honourable Justice Lovell, the Honourable Justice Bleby and the Honourable Justice David)
29 September 2022
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE - ADMISSIBILITY AND RELEVANCY - PROPENSITY EVIDENCE - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - PARTICULAR CASES - WHERE APPEAL DISMISSED
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - TRAFFICKING OR SALE AND SUPPLY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - PROCEEDS OF CRIME, MONEY LAUNDERING AND RELATED OFFENCES
Following a trial by judge alone, the appellant was convicted of the following offences: trafficking in a controlled drug, contrary to s 32(3) of the Controlled Substances Act 1984 (SA) (Count 1); aggravated possessing a firearm without a licence, contrary to s 9(1) of the Firearms Act 2015 (SA) (‘Firearms Act’) (Count 2); possessing an unregistered firearm, contrary to s 27(1) of the Firearms Act (Count 3); and money laundering, contrary to s 138(1) of the Criminal Law Consolidation Act 1935 (SA) (Count 4).
The appellant appeals against his convictions.
In relation to Count 1, the appellant complains that the trial Judge erred in his directions as to his finding that the appellant had sold methylamphetamine in the past. Aligned with this complaint, the appellant also contends that the evidence of past sales or ‘tick lists’ was inadmissible under s 34P(2) of the Evidence Act 1929 (SA) (‘Evidence Act’) (Ground 3).
In relation to Counts 2 and 3, the appellant complains that the trial Judge erred in his directions as to the permissible and impermissible use of prior conversations about a firearm that were not referable to the firearm the subject of the charges (the intercept evidence). The appellant also contends the trial Judge erroneously found that the intercept evidence was admissible under both limbs of s 34P(2) of the Evidence Act (Ground 1).
The appellant further complains the verdict on each count is unreasonable (Grounds 5, 6 and 7).
Held, per the Court, granting permission to appeal on Grounds 5 and 6 but dismissing the appeal:
1.As to Count 1 (and Ground 3), the impugned evidence satisfied both limbs of s 34P(2) of the Evidence Act. The trial Judge’s directions correctly identified the permissible and impermissible uses of the evidence. The discreditable conduct evidence was not used for an impermissible purpose.
2.As to Counts 2 and 3 (and Ground 1), the intercept evidence was admissible under both limbs of s 34P(2) of the Evidence Act. There was no error by the trial Judge in relying on the…
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CaseChat Overview and Summary
The legal issues before the Court of Appeal included the admissibility and relevance of propensity evidence, particularly concerning the prior convictions of individuals found at the premises, and whether the verdict was unreasonable or unsupported by the evidence. The appellant also raised grounds concerning misdirection and non-direction by the trial judge.
The Court of Appeal conducted an independent review of the evidence. It considered the circumstances of the police attendance at the premises, the presence of the appellant and other individuals, and the discovery of drugs. The Court determined that it was open to the trial judge to find the appellant guilty of Count 4, which related to drug trafficking. The Court dismissed the ground of appeal concerning this conviction.
Permission to appeal was granted on specific grounds (Grounds 5 and 6), but ultimately, the appeal itself was dismissed.
Orders
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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