JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: MUSARRI -v- THE QUEEN [2006] WASCA 92
CORAM: ROBERTS-SMITH JA
MCLURE JA
PULLIN JA
HEARD: 15 DECEMBER 2005
DELIVERED : 29 MAY 2006
FILE NO/S: CCA 178 of 2002
BETWEEN: PAOLO MUSARRI
Applicant
AND
THE QUEEN
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram :KENNEDY DCJ
File No :IND 1621 of 2001
Catchwords:
Appeal - Application for leave to appeal against conviction - Conspiracy to possess heroin with intent to sell or supply - Evidence - Intercepted telephone conversations - Admissibility - Whether earlier conversations related to heroin or some other drug - Propensity evidence - Whether probative value outweighed prejudicial effect - Relevance showing context and content of conspiratorial agreement
Criminal law and procedure - Offence - Conspiracy - Whether agreement about heroin or some other drug - Whether agreement that conspirators jointly possess with intent to sell or supply or that only the applicant possess with that intent
Legislation:
Nil
Result:
Application for leave to appeal dismissed
Category: A
Representation:
Counsel:
Applicant: Mr G Trasczyk
Respondent: Mr D Dempster
Solicitors:
Applicant: G A Lacerenza & Associates
Respondent: State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Buck v The Queen [1983] WAR 372
Carter v The Queen (1997) 19 WAR 8
Director of Public Prosecutions Reference under s 693A of the Criminal Code; Re Y & Ors (1998) 19 WAR 47
Donaldson v The State of Western Australia (2005) 31 WAR 122
Fursman v The Queen, unreported; CCA SCt of WA; Library No 7414; 5 December 1988
Harriman v The Queen (1989) 167 CLR 590
House v The King (1936) 55 CLR 499
Krakouer v The Queen (1998) 194 CLR 202
Markby v The Queen (1978) 140 CLR 108
O'Brien v The Queen [1963] WAR 70
O'Leary v The King (1946) 73 CLR 566
R v Cobden (1862) 3 F & F 833
R v Garner [1964] NSWR 1131
R v Makin (1893) 14 LR (NSW) 1
R v Marinovich & Ors (1990) 46 A Crim R 282
R v Rhodes [1899] 1 QB 77
R v Trudgeon (1988) 39 A Crim R 252
Silvestro v The Queen, unreported; CCA SCt of WA; Library No 970468; 7 August 1997
The State of Western Australia v Marchesi & Anor (2005) 30 WAR 359
Case(s) also cited:
R v Atholwood (2000) 110 A Crim R 417
R v Norris (2001) 121 A Crim R 227
ROBERTS-SMITH JA: Following trial before her Honour Judge Kennedy (now Chief Judge Kennedy) and a jury in the District Court of Perth between 12 and 21 August 2002, the applicant was convicted of an offence that between 16 and 27 May 2000 he conspired with Justin Paul Vodanovich, Dimi Pande Delovski and Saso Delovski to possess a quantity of a prohibited drug, namely heroin, with intent to sell or…
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- Musarri v The Queen [2006] WASCA 92
- Case
- [2006] WASCA 92
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether the intercepted conversations could be used as evidence in the case, focusing on their relevance and context. The central legal issues were whether the intercepted conversations related to heroin or some other drug, and whether the probative value of the evidence outweighed its prejudicial effect. Additionally, the court had to decide whether the conversations demonstrated an agreement among the conspirators to jointly possess the heroin with intent to sell or supply, or if the applicant alone had such an intent.
The court examined the content and context of the intercepted conversations and concluded that they were sufficiently probative to be admitted as evidence. The conversations provided context and content to the conspiratorial agreement, indicating an intent to jointly possess the heroin for sale or supply. The court held that the probative value of the evidence outweighed any prejudicial effect, and the evidence was relevant in showing the nature of the conspiratorial agreement. The appeal was dismissed, and leave to appeal against the conviction was refused.
Orders
Orders of the court
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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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