Quaid v The Queen

Case [2011] WASCA 141


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   THE COURT OF APPEAL (WA)

CITATION:   QUAID -v- THE QUEEN [2011] WASCA 141

CORAM:   PULLIN JA

BUSS JA
HALL J

HEARD:   8 FEBRUARY 2011

DELIVERED          :   1 JULY 2011

FILE NO/S:   CACR 45 of 2010

BETWEEN:   FABIAN QUAID

Appellant

AND

THE QUEEN
Respondent

ON APPEAL FROM:

Jurisdiction              :  SUPREME COURT OF WESTERN AUSTRALIA

Coram  :JENKINS J

File No  :INS 20 of 2009

Catchwords:

Criminal law - Conspiracy - Conspiracy to traffic in commercial quantity of controlled drug - Whether trial judge erred in directing jury about recklessness in relation to substantive offence of trafficking

Criminal law - Whether miscarriage of justice - Whether wrong decision on question of law - Whether substantial miscarriage of justice

Legislation:

Criminal Appeals Act 2004 (WA), s 30(2), s 30(3), s 30(4)
Criminal Code Act 1995 (Cth), s 3.1, s 4.1, s 5.1(1), s 5.2, s 5.3, s 5.4, s 5.6, s 11.5(1), s 11.5(2), s 300.5, s 302.1, s 302.2(1)
Criminal Procedure Act 2004 (WA), s 143

Result:

Leave to appeal on ground 1 refused
Appeal dismissed

Category:    A

Representation:

Counsel:

Appellant:     Mr O P Holdenson QC

Respondent:     Mr P W Neil SC & Mr A G Elliott

Solicitors:

Appellant:     Holborn Lenhoff Massey

Respondent:     Director of Public Prosecutions (Cth)

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

AK v The State of Western Australia [2008] HCA 8; (2008) 232 CLR 438

Ansari v The Queen [2010] HCA 18; (2010) 241 CLR 299

Carney v The State of Western Australia [2010] WASCA 90

Cesan v The Queen [2008] HCA 52; (2008) 236 CLR 358

CTM v The Queen [2008] HCA 25; (2008) 236 CLR 440

Darkan v The Queen [2006] HCA 34; (2006) 227 CLR 373

Davies v The Queen [2011] NSWCCA 19

Demirok v The Queen [1977] HCA 21; (1977) 137 CLR 20

Gassy v The Queen [2008] HCA 18; (2008) 236 CLR 293

M v The Queen [1994] HCA 63; (1994) 181 CLR 487

Mackrell v The State of Western Australia [2008] WASCA 228; (2008) 37 WAR 414

Mahmood v The State of Western Australia [No 2] [2008] WASCA 259

McGrath v The Queen [2010] NSWCCA 48; (2010) 199 A Crim R 527

Mraz v The Queen [1955] HCA 59; (1955) 93 CLR 493

Noto v The State of Western Australia [2006] WASCA 278; (2006) 168 A Crim R 457

Nudd v The Queen [2006] HCA 9; (2006) 225 ALR 161

Pantorno v The Queen [1989] HCA 18; (1989) 166 CLR 466

Peters v The Queen [1998] HCA 7; (1998) 192 CLR 493

R v Ansari [2007] NSWCCA 204; (2007) 70 NSWLR 89

R v Gulliford [2004] NSWCCA 338; (2004) 148 A Crim R 558

R v LK [2010] HCA 17; (2010) 241 CLR 177

R v RK [2008] NSWCCA 338; (2008) 73 NSWLR 80

R v Rudd [2009] VSCA 213; (2009) 23…

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Quaid v The Queen [2011] WASCA 141
Case
[2011] WASCA 141
Decision Date

CaseChat Overview and Summary

The case of Quaid v The Queen involved the appellant, Quaid, who was charged with conspiracy to traffic in a commercial quantity of a controlled drug. The trial judge directed the jury that in order to be found guilty of the substantive offence of trafficking, the jury had to be satisfied that Quaid was reckless as to whether the drug was a controlled drug. Quaid appealed against his conviction and sentence, arguing that the trial judge's direction to the jury regarding recklessness was wrong and that this resulted in a miscarriage of justice. The appeal focused on whether the trial judge erred in the direction given to the jury and whether this error constituted a substantial miscarriage of justice.

The primary legal issue the court had to decide was whether the trial judge erred in directing the jury regarding the requirement of recklessness in relation to the substantive offence of trafficking. This involved interpreting the relevant statutory provisions and case law to determine the correct legal standard that the jury should apply in assessing the accused's knowledge or awareness of the nature of the drug. Additionally, the court considered whether any error in the jury direction amounted to a substantial miscarriage of justice that would warrant a retrial or appeal against conviction.

The court examined the statutory definition of the offence and relevant case law, concluding that the trial judge's direction to the jury regarding recklessness was indeed incorrect. However, the court found that this error did not result in a substantial miscarriage of justice. The court reasoned that the evidence against Quaid was overwhelming and that any error in the jury direction did not affect the outcome of the trial. The court held that the evidence established Quaid's involvement in the conspiracy beyond reasonable doubt, and that the error did not prejudice the fairness of the trial.

The appeal was dismissed, and the convictions and sentences were upheld. The court confirmed that while the trial judge's direction to the jury was legally incorrect, the error did not amount to a substantial miscarriage of justice. The court found that the evidence of Quaid's involvement in the conspiracy was so compelling that it would have led a properly directed jury to the same conclusion. The court's decision emphasised the importance of correctly directing juries on legal standards but also acknowledged that not every error will result in a retrial or appeal against conviction.

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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