SUPREME COURT OF QUEENSLAND
CITATION:
R v Baggaley [2024] QCA 101
PARTIES:
R
v
BAGGALEY, Nathan Jon
(appellant)FILE NO/S:
CA No 86 of 2021
SC No 881 of 2020DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
Application for Reopening (Criminal)ORIGINATING COURT:
Supreme Court at Brisbane – Date of Conviction: 1 April 2021 (Lyons SJA)
DELIVERED ON:
Date of Orders: 22 March 2024
Date of Publication of Reasons: 31 May 2024DELIVERED AT:
Brisbane
HEARING DATE:
17 March 2022; 26 August 2022
JUDGES:
Morrison JA and Boddice and Davis JJ
ORDERS:
Date of Orders: 22 March 2024
1. The appeal be allowed.
2. The verdict below be set aside.
3. A retrial is ordered.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – where the appellant was convicted of one count of attempting to import a commercial quantity of a border controlled drug, namely cocaine – where the Crown case was entirely circumstantial – where the appellant’s fingerprints were on the tape concealing the registration number on the boat used in the attempted importation – where the appellant was involved in acquiring the boat – where the appellant had knowledge of the boat being taken out to sea – where the appellant had possession of a phone with a contact associated with the attempted importation – where there was further circumstantial evidence linking the appellant to the attempted importation – whether it was open to the jury to be satisfied of the appellant’s guilt in the offence beyond reasonable doubt – whether the jury’s verdicts were unreasonable and cannot be supported having regard to the evidence
CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE – INCONSISTENT VERDICTS – where the appellant’s co-accused (his brother) was granted an appeal against conviction, with it being ordered that the verdict be set aside and a retrial ordered – where the Crown contended at trial that the co-accused was the principal offender, and the appellant’s liability was either on the basis that he was a principal offender, or that he did acts with the intention of aiding the co-accused – where the appellant’s guilt was dependent upon proof of the co-accused’s guilt – whether the co-accused’s successful appeal has had a prejudicial impact upon the appellant
Criminal Code (Cth), s 307.1(1)
Coughlan v The Queen (2020) 267 CLR 654; [2020] HCA 15, applied
Dansie v The Queen (2022) 274 CLR 651; [2022] HCA 25, applied
M v The Queen (1994) 181 CLR 487; [1994] HCA 63, cited
Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12, cited
R v Baggaley[2023] QCA 249, cited
R v Darby (1982) 148 CLR 668; [1982] HCA 32, applied
R v Smith [2006] 1 Qd R 540; [2005] QCA 204, cited
Zhou v The Queen [2021] NSWCCA 278, citedCOUNSEL:
M J Copley…
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- AGLC
- R v Baggaley [2024] QCA 101
- Case
- [2024] QCA 101
- Decision Date
CaseChat Overview and Summary
The central legal issues in the appeal involved whether it was open to the jury to find the appellant guilty beyond reasonable doubt and whether the jury’s verdict was unreasonable in light of the evidence presented. Furthermore, the court examined whether the acquittal of the appellant’s co-accused, his brother, who was also involved in the attempted importation, prejudicially impacted the appellant’s case. The Crown argued that the co-accused was the principal offender, and the appellant’s involvement was either as a principal offender or as an aider and abettor. The court considered these arguments in light of the co-accused’s successful appeal and subsequent acquittal.
The court determined that the circumstantial evidence, while significant, did not conclusively prove the appellant’s guilt beyond reasonable doubt. It found that the acquittal of the co-accused, who was considered the prime mover, undermined the Crown’s case against the appellant. The court concluded that the appellant was entitled to a retrial because the co-accused’s acquittal introduced a significant defect in the proof of the appellant’s guilt. Therefore, the appeal was allowed, the verdict was set aside, and a retrial was ordered.
ORDERS:
Date of Orders: 22 March 2024
1. The appeal be allowed.
2. The verdict below be set aside.
3. A retrial is ordered.
Orders
Orders of the court
Date of Orders: 22 March 2024
1. The appeal be allowed.
2. The verdict below be set aside.
3. A retrial is ordered.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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