SUPREME COURT OF QUEENSLAND
CITATION: R v Christie [2003] QCA 413 PARTIES: R
v
CHRISTIE, Donovan Kimball
(appellant)FILE NO/S: CA No 115 of 2003
SC No 6 of 2003DIVISION: Court of Appeal PROCEEDING: Appeal against Conviction ORIGINATING
COURT:Supreme Court at Bundaberg DELIVERED EX 17 September 2003 TEMPORE ON: DELIVERED AT: Brisbane HEARING DATE: 17 September 2003 JUDGES: McMurdo P, Davies and Jerrard JJA
Separate reasons for judgment of each member of the Court,
each concurring as to the order madeORDER: Appeal against conviction dismissed CATCHWORDS: CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - UNREASONABLE OR INSUPPORTABLE VERDICT - WHERE EVIDENCE CIRCUMSTANTIAL - where appellant convicted of supplying and trafficking methylamphetamine and cannabis sativa - where strong circumstantial case in respect of trafficking - where appellant raises a number of criticisms in relation to the evidence - whether verdict cannot be supported having regard to the evidence CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE- POLICE INTERROGATION - PROPRIETY OF POLICE QUESTIONING AND OTHER CONDUCT BY POLICE - ADMINISTERING CAUTION - GENERALLY - where, in police interview appellant said his sole source of income was the sole parent's pension - where bank records disclosed a large amount of undisclosed income - where police officers did not follow precise wording of required warning - whether admission of total income in police interview was illegally or improperly obtained COUNSEL: Appellant appeared on his own behalf
R G Martin for respondentSOLICITORS: Appellant appeared on his own behalf
Director of Public Prosecutions (Queensland) for respondent
DAVIES JA: After a trial lasting five days the appellant was convicted of trafficking in methylamphetamine and cannabis
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sativa. He was also convicted on two counts of supplying
those drugs, one of possession of cannabis sativa and one of
possession of a set of digital scales, a quantity of clipseal
plastic bags and a ceramic bowl and pestle used in connection
with the commission of the crime of supplying those drugs. He
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appeals against those convictions.
The evidence against the appellant was in seven main categories. The first was direct evidence from two of his former customers, Gould and Gilchrist. The second was
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surveillance evidence of a large number of meetings between
the appellant on the one hand and a number of unidentified
people on the other. The third was the police evidence of the
apprehension of Gilchrist in possession of methylamphetamine
immediately after his meeting with the appellant on 7 December
40
2001. The fourth was police evidence of an interception of
other apparent customers of the appellant found to be in
possession of methylamphetamine shortly after a meeting with
the appellant in November 2001. The fifth was police evidence
that an apparent customer of the appellant's had apparently
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disposed of a sharps kit in a bin shortly after his meeting
with the appellant on 16 November 2001. The…
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- AGLC
- R v Christie [2003] QCA 413
- Case
- [2003] QCA 413
- Decision Date
CaseChat Overview and Summary
The court examined the evidence presented at the trial and concluded that it was strong and circumstantial but sufficient to support the conviction. The court found that the evidence, including the appellant's conduct, associations, and statements, provided a comprehensive picture that supported the jury's verdict. The court held that there were no significant errors in the trial process and that the jury was properly directed on the applicable law. The court also rejected the appellant's criticisms of the evidence, finding that they did not undermine the overall strength of the case against the appellant. As a result, the court dismissed the appeal against the conviction.
Orders
Orders of the court
Appeal against conviction dismissed
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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