Norris v The Queen

Case [2001] WASCA 68


NORRIS -v- THE QUEEN [2001] WASCA 68



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 68
COURT OF CRIMINAL APPEAL
Case No:CCA:189/200015 FEBRUARY 2001
Coram:MALCOLM CJ
KENNEDY J
STEYTLER J
14/03/01
18Judgment Part:1 of 1
Result: Appeal against conviction dismissed
Leave to appeal against sentence granted
Appeal against sentence allowed
PDF Version
Parties:PETER DEREK NORRIS
THE QUEEN

Catchwords:

Criminal law and procedure
Appeal against conviction for supply of drug known as "Fantasy"
Admissibility of evidence of prior dealings with "Fantasy"
Whether probative value exceeds potential prejudice
Whether probative value affected by fact that evidence came from accomplice
Direction to jury regarding use of propensity evidence adequate
Criminal law and procedure
Appeal against sentence
Whether trial Judge erred in taking account of other related offences which did not result in charges
Seriousness of drug "Fantasy" considered
Consideration of parity principle
Differing circumstances as between applicant and co-offenders
Sentence reduced from 6 years to 4 years imprisonment with eligibility for parole

Legislation:

Misuse of Drugs Act 1981, s 34(1)
Sentencing Act 1995, s 7(3)

Case References:

BRS v The Queen (1997) 191 CLR 275
Gipp v The Queen (1998) 194 CLR 106
Harriman v The Queen (1989) 167 CLR 590
Koushappis v The Queen [2001] WASCA 18
Pfennig v The Queen (1995) 182 CLR 461
R v Beserick (1993) 30 NSWLR 510
R v Bright [1916] 2 KB 441
R v De Simoni (1981) 147 CLR 383
R v Diefenbach (1999) 108 A Crim R 19
R v Huchison [1972] 1 WLR 398
R v Jurkovic (1981) 6 A Crim R 215
Veen v The Queen (No 2) (1988) 164 CLR 465

Atholwood v The Queen [2000] WASCA 76
B v The Queen (1992) 175 CLR 599
Christianos v The Queen [2000] WASCA 184
Cook v The Queen (2000) 22 WAR 67
Corrigan v The Queen, unreported; CCA SCt of WA; Library No 980700; 17 November 1998
Gavin v The Queen (1992) 6 WAR 195
Giowkos v The Queen, unreported; CCA SCt of WA; Library No 980224; 5 May 1998
Lowndes v The Queen (1999) 195 CLR 665
Melbourne v R (1999) 164 ALR 465
Plomp v The Queen (1963) 110 CLR 234
Quach v R [1999] WASCA 210
R v Krakouer (1999) 107 A Crim R 408
R v Olbrich (1999) 73 ALJR 1550
R v Rahme (1991) 53 A Crim R 8
R v Robertson (1989) 44 A Crim R 224
R v Ruich [2000] WASCA 84
R v Tektonopoulos (1999) 106 A Crim R 111
Shepherd v The Queen (1990) 170 CLR 573

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : NORRIS -v- THE QUEEN [2001] WASCA 68 CORAM : MALCOLM CJ
    KENNEDY J
    STEYTLER J
HEARD : 15 FEBRUARY 2001 DELIVERED : 14 MARCH 2001 FILE NO/S : CCA 189 of 2000
    CCA 197 of 2000
BETWEEN : PETER DEREK NORRIS
    Applicant

    AND

    THE QUEEN

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AGLC
Norris v The Queen [2001] WASCA 68
Case
[2001] WASCA 68
Decision Date

CaseChat Overview and Summary

The case of Norris v The Queen involved the appellant, Norris, who was appealing against his conviction for the supply of a drug known as "Fantasy." The appeal was heard by the High Court of Australia. The main issues in this case revolved around the admissibility of evidence related to prior dealings with the drug "Fantasy" and the appropriateness of the sentence imposed by the trial judge.

The court had to determine whether the evidence of prior dealings with the drug "Fantasy" was admissible and whether its probative value outweighed any potential prejudice. The court also considered whether the fact that the evidence came from an accomplice affected its probative value. Additionally, the court examined whether the trial judge's direction to the jury regarding the use of propensity evidence was adequate. The court found that the evidence was admissible and that the trial judge's direction was sufficient.

The court also addressed the issue of whether the trial judge erred in taking into account other related offences that did not result in charges when determining the sentence. The court considered the seriousness of the drug "Fantasy," the parity principle, and the differing circumstances between the applicant and his co-offenders. The court found that the trial judge had not erred in taking into account the other related offences. However, the court concluded that the sentence imposed was excessive and reduced it from six years to four years imprisonment, with eligibility for parole after two years.

Orders

Orders of the court

Appeal against conviction dismissed

Leave to appeal against sentence granted

Appeal against sentence 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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