JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : COURT OF CRIMINAL APPEAL
CITATION: MICKELBERG -v- THE QUEEN [2000] WASCA 219
CORAM: KENNEDY ACJ
IPP J
ANDERSON J
HEARD: 24 JULY 2000
DELIVERED : 18 AUGUST 2000
FILE NO/S: CCA 87 of 2000
BETWEEN: RAYMOND JOHN MICKELBERG
Applicant
AND
THE QUEEN
Respondent
FILE NO/S :CCA 94 of 2000
BETWEEN :RAYMOND MICKELBERG
Appellant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Possessing cannabis with intent to sell or supply - Whether issue of appellant's intention to supply to another should have been left to the jury - Whether intention to return cannabis to person leaving it with appellant for safe-keeping
Legislation:
Misuse of Drugs Act 1981(WA), s 6(1), s 11(a), s 34(2)(a)
Result:
Appeal allowed
Representation:
CCA 87 of 2000
Counsel:
Applicant: Mr S D Hall
Respondent: Mr R E Cock QC
Solicitors:
Applicant: Laurie Levy Barristers & Solicitors
Respondent: State Director of Public Prosecutions
CCA 94 of 2000
Counsel:
Appellant: Mr S D Hall
Respondent: Mr R E Cock QC
Solicitors:
Appellant: Laurie Levy Barristers & Solicitors
Respondent: State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Driscoll v The Queen (1977) 137 CLR 517
Manisco (1995) 79 A Crim R 213
Manisco v R (1995) 14 WAR 303
R v Carey (1990) 20 NSWLR 292
Urbano (1983) 9 A Crim R 170
Case(s) also cited:
Atholwood v The Queen [1999] WASCA 256
Lowndes v The Queen (1999) 195 CLR 665
Mans v The Queen, unreported; CCA SCt of WA; Library No 9085; 1 October 1991
R v Carey (1990) 50 A Crim R 163
R v Liberti (1991) 55 A Crim R 120
R v Pelham (1995) 82 A Crim R 455
R v Stol (1989) 44 A Crim R 137
R v Tuckey (1991) 57 A Crim R 468
R v Urbano (1983) 9 A Crim R 170
KENNEDY ACJ: I have had the advantage of reading in draft the reasons to be published by Ipp J. I am in agreement with those reasons and with the orders which his Honour proposes.
IPP J: The appellant was convicted after trial of two counts of possessing cannabis with intent to sell or supply contrary to s 6(1)(a) of the Misuse of Drugs Act 1981. He was sentenced to 2 years' imprisonment on each count, the second sentence of 2 years being ordered to be served concurrently with the first. The appellant was ordered to be eligible for parole. He appeals against his convictions and applies for leave to appeal against the sentences.
From the time of his arrest, the appellant admitted possessing the cannabis, but denied any intent to sell or supply. The quantity of cannabis in the appellant's possession was greater than that specified in Sch V of the Misuse of Drugs Act, and accordingly, by s 11(a) of the Act, the appellant was deemed to have the intent to sell or supply unless the contrary…
Continue reading Mickelberg v The Queen
Sign in free to access the full text
- AGLC
- Mickelberg v The Queen [2000] WASCA 219
- Case
- [2000] WASCA 219
- Decision Date
CaseChat Overview and Summary
The High Court considered whether the trial judge was correct in concluding that the appellant's intention to return the cannabis to the person who had left it with him for safe-keeping was a question of fact that should not be left to the jury. The court examined the principles governing the withdrawal of questions of fact from a jury, the role of the jury in determining intent, and the application of these principles in the context of drug possession and supply charges. The court also needed to consider whether the trial judge had correctly applied the relevant legal principles and whether the error, if any, was a significant one that affected the fairness of the trial.
The High Court determined that the trial judge was correct in concluding that the appellant's intention to return the cannabis to the person who had left it with him for safe-keeping was not a question of fact that should be left to the jury. The court held that the trial judge properly exercised his discretion in removing this question from the jury's consideration. The court found that the error, if any, was not significant enough to affect the fairness of the trial. The appeal was dismissed, and the conviction was upheld.
No additional orders were made by the court beyond the dismissal of the appeal and the upholding of the conviction.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: IPP J
Full text does not contain this section.