SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
PELUSO v POLICE
[2018] SASC 63
Judgment of The Honourable Chief Justice Kourakis
18 May 2018
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
EVIDENCE - PROOF - CORROBORATION - FALSE DENIALS AND LIES
This is an appeal against a conviction entered in the Magistrates Court on a charge of theft of meat to the value of $140 from a Coles Supermarket. The appellant challenges the conviction on the grounds that the conviction is not supported by the evidence and that the Magistrate erred in treating, as probative of guilt, evidence of lies told by the appellant.
Held, dismissing the appeal:
1. The evidence establishes the guilt of the appellant beyond reasonable doubt.
2. The telling of the lie was probative of the appellant’s guilt.
3. Although the Magistrate erred in law in failing to give reasons for excluding any innocent explanation for the lie, there has been no miscarriage of justice.
R v Sekrst [2016] SASCFC 127; R v Quist (2017) 127 SASR 471; Edwards v The Queen (1993) 178 CLR 193; Zoneff v The Queen (2000) 200 CLR 234; R v Howard (2005) 156 A Crim R 343; Petty and Maiden v The Queen (1991) 173 CLR 95, discussed.
PELUSO v POLICE
[2018] SASC 63Magistrates Appeal: Criminal
KOURAKIS CJ: This is an appeal against a conviction entered in the Magistrates Court on a charge of theft of meat to the value of $140 from a Coles supermarket.
The appellant, Mr Patrick Peluso, challenges the conviction primarily on the grounds that it is not supported by the evidence, and that the Magistrate erred in treating, as probative of guilt, evidence of lies told by the appellant.
The appeal must be dismissed. Evidence of the way in which the appellant loaded his shopping basket with the meat, and walked out of the supermarket without passing through a checkout, was given by a Coles security officer. CCTV footage showed the appellant walk across a thoroughfare and then swap the basket from one hand into another as he walked through a nearby café towards the carpark. That evidence in itself supports the finding of guilt made by the Magistrate. The appellant’s false statement to police, repeated in his evidence, that he told the security officer that he was going to his car to retrieve his wallet, was additional circumstantial evidence of his guilt. Even though the Magistrate erred in law in failing to give reasons for excluding any innocent explanation for that lie, there has been no miscarriage of justice. I elaborate on my reasons below.
The evidence
On 7 February 2017 Mr Peluso visited the Coles supermarket at Greenacres. At about midday a security officer, Mr Gill, saw Mr Peluso throwing packets of what he described as “high value…
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- Peluso v Police [2018] SASC 63
- Case
- [2018] SASC 63
- Decision Date
CaseChat Overview and Summary
The court found that the evidence presented by the security officer and the CCTV footage sufficiently supported the magistrate's finding of guilt. The officer's testimony, corroborated by the video evidence, demonstrated that Mr. Peluso deliberately loaded the meat into his basket and left the store without paying. The appellant's false statement to police about retrieving his wallet further supported his guilt. Although the magistrate did not provide reasons for excluding any innocent explanation for this lie, the court determined that this did not result in a miscarriage of justice. The evidence overwhelmingly supported the finding that Mr. Peluso intended to steal the meat.
Given the substantial evidence against Mr. Peluso, the court dismissed the appeal. The court held that the evidence was compelling enough to sustain the conviction, and any error in the magistrate's reasoning did not affect the overall outcome. The appeal was thus unsuccessful, and the original conviction and sentence were upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
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