R v ASSHETON
[2002] SASC 194Court of Criminal Appeal: Doyle CJ, Perry and Lander JJ
DOYLE CJ: Mr Assheton was convicted on one count of receiving property knowing it to have been stolen, after a trial before a jury.
The grounds argued on appeal are that the Judge erred in ruling at the close of the prosecution case that there was a case to answer, and that the guilty verdict is inconsistent with verdicts of not guilty returned on other counts on the Information.
Facts
On 11 October 1999 the police entered a shed at an Adelaide address. The prosecution case was that the shed was rented from another person by Mr Mather from 30 September 1999 at a rental of $650 per month.
In the shed were some motor vehicles that had been stolen, numerous motor vehicle parts, a Commodore motorcar that belonged to Mr Assheton, and a Ford Falcon station wagon. The prosecution case was that Mr Assheton had bought the Ford Falcon about two days before.
The evidence about what was found in the shed suggested quite strongly that the shed was being used to break up or to alter and disguise stolen motorcars, and to store and handle stolen parts from motorcars.
A number of men were in the shed. Mr Mather was one of them. Mr Assheton was asleep in the red Commodore. There was no dispute that it was his car.
Mr Assheton was jointly charged with Mr Mather on five counts of receiving. The Judge ordered that the two men be tried separately.
Mr Assheton was tried on five counts. Count 1 related to three motorcars and personal property stolen from Marion Daewoo between 1 and 3 October 1999. These vehicles were not in the shed. Two were found in streets nearby, and one at the back of a home not far away. They had been stripped. A lot of items in the shed came from them. Count 2 related to a Toyota Land Cruiser that was in the shed. It had been stolen some time during the first half of 1999. There was no evidence about its whereabouts between it being stolen and being found in the shed. It had been cut up. Count 3, the only count on which the jury found Mr Assheton guilty, related to a blue Ford utility that was in the shed. It was stolen between 9 October and 10 October, only 24 hours before the police arrived. Quite a lot of work had already been done on the Ford utility. Count 4 related to a Troop Carrier also found in the shed. It was stolen on 8 August 1999. It was in the process of being cut down. Count 5 related to fuel cards and service books and other items stolen from a car at Marion Daewoo or from the premises there. These items were found in the back of the Ford utility the subject of count 3.
Only Mr Mather and Mr Assheton were…
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- R v Assheton [2002] SASC 194
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- [2002] SASC 194
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CaseChat Overview and Summary
The primary legal issue was whether the trial judge erred in finding that there was a case to answer. The appellant contended that the evidence did not exclude the reasonable possibility that the appellant had stolen the property, and thus, he should have been acquitted. The court had to determine whether the evidence was consistent with the appellant being either the thief or a receiver of stolen property and whether the charge of receiving should be proved beyond any reasonable doubt.
The court held that it was open to the jury to conclude that the appellant was guilty of receiving stolen property. The evidence showed that the appellant and the co-accused were jointly involved in receiving stolen vehicles, stripping them, and dealing with the parts. The appellant's involvement in the joint enterprise with the co-accused was rejected, but the evidence was sufficient to prove that the appellant received the stolen Ford Falcon utility. The court concluded that the trial judge's direction to the jury was clear and firm, and there was no reason to believe that the jury misunderstood the law. The court dismissed the appeal and upheld the conviction.
The final orders of the court were to dismiss the appeal and uphold the conviction of the appellant for receiving stolen property. The court found that the evidence was sufficient to prove the appellant's guilt beyond any reasonable doubt, and the trial judge's direction to the jury was clear and firm. The appellant's argument that the evidence was consistent with him being either the thief or a receiver of stolen property was rejected, and the conviction was upheld.
Orders
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
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