R v Bulloch

[2003] QCA 578

SUPREME COURT OF QUEENSLAND

CITATION:

R v Bulloch [2003] QCA 578

PARTIES:

R
v
BULLOCH, Scott Duncan Robert John
(appellant/applicant)

FILE NO/S:

CA No 299 of 2003
DC No 2128 of 2002

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction & Sentence

ORIGINATING COURT:

District Court at Bowen

DELIVERED ON:

24 December 2003

DELIVERED AT:

Brisbane

HEARING DATE:

24 November 2003

JUDGES:

McMurdo P, Davies and Williams JJA
Separate reasons for judgment of each member of the Court, McMurdo P and Davies JA concurring as to the orders made, Williams JA dissenting

ORDERS:

1.  Appeal against conviction dismissed
2.  Application for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - GENERALLY - where appellant convicted of stealing as a servant - where audio tape tendered into evidence by prosecution - whether jury misled by the extracts of tape - whether verdict unsafe and unsatisfactory

CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - whether verdict of guilty amounts to a miscarriage of justice

CRIMINAL LAW - JUDGMENT AND PUNISHMENT - SENTENCE - where appellant sentenced to three years imprisonment - whether sentence manifestly excessive

M v The Queen (1994) 181 CLR 487, followed
R v Ma’afu [1991] CCA 020; CA No 269 of 1990, 28 February 1991, distinguished
R v Scott [1997] QCA 300; CA No 164 of 1997, 21 July 1997, distinguished
TJKW v R (2002) 76 ALJR 1579, followed

COUNSEL:

The appellant/applicant appeared on his own behalf
D A Holliday for the respondent

SOLICITORS:

The appellant/applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. McMURDO P:  The appellant was convicted of stealing as a servant a sum of money in excess of $5,000 on a date unknown between 7 May 2001 and 26 June 2001.  He was sentenced to three years imprisonment.  He appeals against his conviction and seeks leave to appeal against his sentence.

The appeal against conviction

1. The appellant, who appears for himself in this appeal, contends that the trial judge erred in allowing the jury to hear only extracts of the audio tape which was tendered into evidence by the prosecutor and that the jury was misled by the extracts taken out of context.  He also contends that the verdict is unsafe and unsatisfactory and against the weight of the evidence and has made some complaints about his barrister's conduct of the case.  The second ground of appeal requires a review of the evidence and it is sensible to commence with this.

(a)The facts 

1. The appellant was employed by the complainant company as a security officer, sometimes delivering and picking up cash in an armoured vehicle with others.  A bag called a replenishment bag containing $40,000 in cash was kept in the complainant company’s armoured vehicle so that security could replenish empty automatic teller machines.  The bag was locked by a zip with a metal catch covered with a numbered plastic seal which could be used once…