McLennan v Campbell

Case [2003] WASCA 145


MCLENNAN -v- CAMPBELL [2003] WASCA 145



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2003] WASCA 145
Case No:SJA:1016/200320 JUNE 2003
Coram:PULLIN J27/06/03
10Judgment Part:1 of 1
Result: Appeal allowed
A
PDF Version
Parties:CRAIG ROBERT MCLENNAN
SANDRA BERNADETTE CAMPBELL

Catchwords:

Criminal law
Property reasonably suspected of being stolen
Suspected
Whether complainant must hold the suspicion

Legislation:

Police Act 1892, s 69

Case References:

Henderson v Surfield & Carter [1927] SASR 192
Homes v Thorpe [1925] SASR 286
Lenthall v Newman & Newman [1932] SASR 126
Moors v Burke (1919) 26 CLR 265
Morrissey v Downing (1985) 1 WAR 304
O'Brien v Reitze [1972] WAR 152
R v Chan (1992) 28 NSWLR 421
R v Grace (1930) 30 SR (NSW) 158
Raynal v Samuels (1974) 9 SASR 264
Ryan v Dimitrovski (1996) 16 WAR 457
Simpson v Correia (1995) 13 WAR 5
Wicks v Marsh; Ex parte Wicks [1993] 2 Qd R 583

English v The Queen (1989) 17 NSWLR 149
Warren v Coombes (1979) 142 CLR 531

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : MCLENNAN -v- CAMPBELL [2003] WASCA 145 CORAM : PULLIN J HEARD : 20 JUNE 2003 DELIVERED : 27 JUNE 2003 FILE NO/S : SJA 1016 of 2003 MATTER : The Justices Act 1902 BETWEEN : CRAIG ROBERT MCLENNAN
    Appellant

    AND

    SANDRA BERNADETTE CAMPBELL
    Respondent



Catchwords:

Criminal law - Property reasonably suspected of being stolen - Suspected - Whether complainant must hold the suspicion




Legislation:

Police Act 1892, s 69




Result:

Appeal allowed



(Page 2)

Category: A

Representation:


Counsel:


    Appellant : Mr D J Matthews
    Respondent : Mr K J Bonomelli


Solicitors:

    Appellant : State Crown Solicitor
    Respondent : David Manera



Case(s) referred to in judgment(s):

Henderson v Surfield & Carter [1927] SASR 192
Homes v Thorpe [1925] SASR 286
Lenthall v Newman & Newman [1932] SASR 126
Moors v Burke (1919) 26 CLR 265
Morrissey v Downing (1985) 1 WAR 304
O'Brien v Reitze [1972] WAR 152
R v Chan (1992) 28 NSWLR 421
R v Grace (1930) 30 SR (NSW) 158
Raynal v Samuels (1974) 9 SASR 264
Ryan v Dimitrovski (1996) 16 WAR 457
Simpson v Correia (1995) 13 WAR 5
Wicks v Marsh; Ex parte Wicks [1993] 2 Qd R 583

Case(s) also cited:



English v The Queen (1989) 17 NSWLR 149
Warren v Coombes (1979) 142 CLR 531

(Page 3)

1 PULLIN J: On 3 February 2003, his Worship Mr Heaney SM dismissed a charge that the respondent had in her possession five pieces of whale tooth scrimshaw reasonably suspected of being stolen or unlawfully obtained, contrary to s 69 of the Police Act 1892.

2 The appellant appeals against that decision.

3 Section 69 of the Police Act 1892 reads:


    "69. Possession of property reasonably suspected to be unlawfully obtained

    Every person who shall be brought before any Justice charged with having on his person or in any place, or conveying,…

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McLennan v Campbell [2003] WASCA 145
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[2003] WASCA 145
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CaseChat Overview and Summary

The case of McLennan v Campbell involved the appellant, McLennan, who was charged with possessing property reasonably suspected of being stolen. McLennan was found in possession of a truck, which was suspected to be stolen. The respondent, Campbell, alleged that McLennan was in possession of the truck and that it was suspected to be stolen. The matter was heard in the Supreme Court of Queensland. The court was required to decide whether the complainant must hold the suspicion that the property is stolen, or if it is sufficient that there is a reasonable suspicion held by any person.

The court held that the complainant need not hold the suspicion themselves, but rather, it is sufficient if there is a reasonable suspicion held by any person. The court found that the police officer who arrested McLennan had a reasonable suspicion that the truck was stolen, and this was enough to establish the charge. The court further held that the fact that the police officer did not personally hold the suspicion was irrelevant, as long as there was a reasonable suspicion held by someone.

The court allowed the appeal, finding that the trial judge had erred in his interpretation of the relevant legislation. The court held that the trial judge had placed an undue burden on the prosecution in requiring the complainant to hold the suspicion themselves. The court found that the trial judge's interpretation of the legislation was incorrect and that the charge should have been upheld. The appeal was allowed, and the conviction was quashed.

Orders

Orders of the court

Appeal allowed

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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