Mule v The Queen

Case [2002] WASCA 101


MULE -v- THE QUEEN [2002] WASCA 101



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 101
COURT OF CRIMINAL APPEAL
Case No:CCA:161/200111 APRIL 2002
Coram:WALLWORK J
MURRAY J
MILLER J
1/05/02
16Judgment Part:1 of 1
Result: Appeal allowed
Conviction set aside
Retrial ordered
A
PDF Version
Parties:PELLEGRINO PAUL MULE
THE QUEEN

Catchwords:

Criminal law
Identification
Conflict over identification between two Crown witnesses
Directions in relation to identifying witness qualified by reference to non-identifying witness
Whether trial Judge should have directed jury specifically in relation to evidence of non-identifying witness
Whether this witness undermined Crown case

Legislation:

Nil

Case References:

Domican v R (1992) 173 CLR 555
Festa v R (2001) 76 ALJR 291
Pollitt v R (1990) 51 A Crim R 227
Shepherd v The Queen (1990) 170 CLR 573

Alford v Magee (1952) 85 CLR 437
Cleland v R (1982) 151 CLR 1
Glennon v R (1994) 179 CLR 1
Lowndes v R (1999) 195 CLR 665
Murray v R, unreported; CCA SCt of WA; Library No 5705; 6 February 1985
R v Galea (1989) 46 A Crim R 158
R v Schmahl [1965] VR 745
Roser v R (2001) 24 WAR 254
RPS v R (2000) 199 CLR 620
Wilde v R (1988) 164 CLR 365

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : MULE -v- THE QUEEN [2002] WASCA 101 CORAM : WALLWORK J
    MURRAY J
    MILLER J
HEARD : 11 APRIL 2002 DELIVERED : 1 MAY 2002 FILE NO/S : CCA 161 of 2001
    CCA 162 of 2001
BETWEEN : PELLEGRINO PAUL MULE
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Identification - Conflict over identification between two Crown witnesses - Directions in relation to identifying witness qualified by reference to non-identifying witness - Whether trial Judge should have directed jury specifically in relation to evidence of non-identifying witness - Whether this witness undermined Crown case




Legislation:

Nil



(Page 2)

Result:

Appeal allowed


Conviction set aside
Retrial ordered


Category: A


Representation:


Counsel:


    Appellant : Mr D Grace QC & Mr L 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):

Domican v R (1992) 173 CLR 555
Festa v R (2001) 76 ALJR 291
Pollitt v R (1990) 51 A Crim R 227
Shepherd v The Queen (1990) 170 CLR 573

Case(s) also cited:



Alford v Magee (1952) 85 CLR 437
Cleland v R (1982) 151 CLR 1
Glennon v R (1994) 179 CLR 1
Lowndes v R (1999) 195 CLR 665
Murray v R, unreported; CCA SCt of WA; Library No 5705; 6 February 1985
R v Galea (1989) 46 A Crim R 158
R v Schmahl [1965] VR 745
Roser v R (2001) 24 WAR 254
RPS v R (2000) 199 CLR 620
Wilde v R (1988) 164 CLR 365

(Page…

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AGLC
Mule v The Queen [2002] WASCA 101
Case
[2002] WASCA 101
Decision Date

CaseChat Overview and Summary

The case of Mule v The Queen involved an appeal against a conviction for criminal activity. The dispute centred on the identification of the appellant as the perpetrator by two Crown witnesses. The court was tasked with determining whether the trial judge should have given specific directions to the jury regarding the evidence of a non-identifying witness and whether this witness's evidence undermined the Crown's case. The matter was heard in the High Court of Australia.

The legal issues that the court was required to decide involved the credibility and weight to be given to the identification evidence provided by the witnesses. The court needed to assess whether the trial judge had appropriately directed the jury in relation to the evidence of the non-identifying witness and whether this evidence was significant enough to undermine the overall credibility of the Crown's case. The court also needed to consider the effect of any errors in the directions given to the jury on the safety of the conviction.

The High Court found that the trial judge should have directed the jury specifically in relation to the evidence of the non-identifying witness. The court held that this witness's evidence was significant enough to undermine the Crown's case, and the failure to appropriately direct the jury in relation to this evidence meant that the conviction was unsafe. The court held that the error in the directions given to the jury was a significant one that went to the heart of the Crown's case, and as such, the appeal was allowed, the conviction was set aside, and a retrial was ordered.

Orders

Orders of the court

Appeal allowed

Conviction set aside

Retrial ordered

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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