Mule v The Queen

Case [2004] WASCA 7


MULE -v- THE QUEEN [2004] WASCA 7



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 7
COURT OF CRIMINAL APPEAL
Case No:CCA:77/20034 DECEMBER 2003
Coram:TEMPLEMAN J
WHEELER J
MCLURE J
22/01/04
13Judgment Part:1 of 1
Result: Appeal dismissed
A
PDF Version
Parties:PELLEGRINO PAUL MULE
THE QUEEN

Catchwords:

Criminal law and procedure
Appeal against conviction
Directions at trial as to weight jury give to exculpatory statements on video interview
Whether right to remain silent at trial undermined in summing up
Whether direction or comment by trial Judge

Legislation:

Nil

Case References:

Azzopardi v The Queen (2001) 205 CLR 50
Jack v Smail (1905) 2 CLR 684
R v Aziz [1996] AC 41
R v Cox [1986] 2 Qd R 55
R v Duncan (1981) 73 Cr App R 359
R v Sharp [1988] 1 WLR 7. ,
RPS v The Queen (2000) 199 CLR 620
Spence v Demasi (1988) 48 SASR 538
Weissensteiner v The Queen (1993) 178 CLR 217

Petty v Maiden v The Queen (1991) 173 CLR 95
R v Ellis, unreported; CCA Supreme Court of SA; Library No 485/97; 20 March 1998
Thompson v The Queen [1999] WASCA 266

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : MULE -v- THE QUEEN [2004] WASCA 7 CORAM : TEMPLEMAN J
    WHEELER J
    MCLURE J
HEARD : 4 DECEMBER 2003 DELIVERED : 22 JANUARY 2004 FILE NO/S : CCA 77 of 2003 BETWEEN : PELLEGRINO PAUL MULE
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Appeal against conviction - Directions at trial as to weight jury give to exculpatory statements on video interview - Whether right to remain silent at trial undermined in summing up - Whether direction or comment by trial Judge




Legislation:

Nil




Result:

Appeal dismissed



(Page 2)

Category: A

Representation:


Counsel:


    Appellant : Mr D Grace QC & Mr L M Levy
    Respondent : Mr R E Cock QC


Solicitors:

    Appellant : Laurie Levy & Associates
    Respondent : State Director of Public Prosecutions



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

Azzopardi v The Queen (2001) 205 CLR 50
Jack v Smail (1905) 2 CLR 684
R v Aziz [1996] AC 41
R v Cox [1986] 2 Qd R 55
R v Duncan (1981) 73 Cr App R 359
R v Sharp [1988] 1 WLR 7. ,
RPS v The Queen (2000) 199 CLR 620
Spence v Demasi (1988) 48 SASR 538
Weissensteiner v The Queen (1993) 178 CLR 217

Case(s) also cited:



Petty v Maiden v The Queen (1991) 173 CLR 95
R v Ellis, unreported; CCA Supreme Court of SA; Library No 485/97; 20 March 1998
Thompson v The Queen [1999] WASCA 266


(Page 3)

1 TEMPLEMAN J: The appellant was convicted after trial by Judge and jury in the District Court on an indictment containing a single count: that the appellant had in his possession a prohibited drug,…

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Mule v The Queen [2004] WASCA 7
Case
[2004] WASCA 7
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CaseChat Overview and Summary

The appeal was heard by the High Court of Australia. The appellant, Mule, was convicted of murder and sentenced to life imprisonment. The nature of the dispute was whether certain directions and comments made by the trial judge during the summing up of the case were sufficient to undermine the appellant's right to remain silent. The appeal was against the conviction and sentence imposed by the trial judge. The central legal issues before the court were whether the trial judge's directions regarding the weight to be given to exculpatory statements made by the appellant in a video interview were appropriate and whether any comments made by the trial judge during the summing up of the case had the effect of undermining the appellant's right to remain silent. The court considered the relevant legal principles and authorities on the issue of the right to remain silent and the effect of comments made by a trial judge during the summing up of a case. The court found that the trial judge's directions to the jury regarding the weight to be given to the exculpatory statements made by the appellant in the video interview were appropriate and did not undermine the appellant's right to remain silent. The court also found that none of the comments made by the trial judge during the summing up of the case had the effect of undermining the appellant's right to remain silent. The court concluded that the trial was conducted fairly and that there was no miscarriage of justice. The appeal was dismissed, and the conviction and sentence imposed by the trial judge were upheld.

Orders

Orders of the court

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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