R v Connors (No 2)

Case [2016] ACTSC 333


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Connors (No 2)

Citation:

[2016] ACTSC 333

Hearing Dates:

20, 21, 22 and 28 June 2016

DecisionDate:

18 November 2016

Before:

Refshauge J

Decision:

Andrew John Connors is not guilty of trafficking in a large commercial quantity of a controlled drug other than cannabis, namely methylamphetamine.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Trial – trial by judge alone – verdict – trafficking in a large commercial quantity of a controlled drug other than cannabis, namely methylamphetamine – elements of the offence – joint commission – covert surveillance – recorded conversations – beyond reasonable doubt – consideration – not guilty – Criminal Code 2002 (ACT)

EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – Judicial notice – evaluation of evidence – acceptance of witness evidence – reliable witness – evidence of acts in furtherance of the joint criminal enterprise – Evidence Act 2011 (ACT)

EVIDENCE – GENERAL PRINCIPLES – Circumstantial evidence – surveillance material – admissions – relevance – hearsay – direct evidence – evidence by closed circuit television – privilege in relation to self-incrimination in other proceedings – evaluation of evidence – probative value – accumulation of evidence

Legislation Cited:

Criminal Procedure Act 1986 (NSW), s 33
Courts (Remote Participation) Act 2010 (NZ), s 12
Evidence Act 1995 (NSW)
Evidence Act 2011 (ACT), ss 17, 38, 55, 59, 65, 65(2), 65(2)(a), 65(2)(b), 65(2)(c), 65(2)(d), 66, 87(1), 87(1)(c), 128, 136, 137, 164, 165, 128, 184
Evidence (Miscellaneous Provisions) Act 1991 (ACT), ss 20, 46
Evidence (Miscellaneous Provisions) Act 1958 (Vic), s 42V
Supreme Court Act 1933 (ACT), ss 68B, 68C

Criminal Code 2002 (ACT), ss 18, 20(2), 20(3), 20(4), 22, 24, 45A, 48(2)(c), 600, 601(1), 602, 603(1), 603(2), 604,
Criminal Code Regulation 2005 (ACT), ss 5(1), Sch 1, Pt 1.1, Item 44

Dictionary to the Evidence Act

Cases Cited:

Adam v The Queen (2001) 207 CLR 96

Ahern v The Queen (1988) 165 CLR 87
Aslett v The Queen [2006] NSWCCA 49
Astill (1992) 63 A Crim R 148
Azzopardi v The Queen (2001) 205 CLR 50
Barca v The Queen (1975) 133 CLR 82
Davies v Director of Public Prosecutions [1954] AC 378
Elomar v The Queen [2015] 316 ALR 206
Fleming v The Queen (1998) 197 CLR 250
Fletcher v The Queen [2015] VSCA 146
Galvin v The Queen [2006] NSWCCA 66; 161 A Crim R 449
Jenkins v The Queen (2004) 79 ALJR 252
Kanaan v The Queen [2006] NSWCCA 109
Kirsch v Dolman (2001) 123 A Crim R 331
Mifsud v Campbell (1991) 21 NSWLR 725
Peacock v The King (1911) 13 CLR 619
Perish v The Queen [2016] NSWCCA 89
Plomp v The Queen (1963) 110 CLR 234
P v R (No 2) [2016] NSWCCA 44
Roach v The Queen [2011] HCA 12; 242 CLR 610
Ross v The Queen [2012] NSWCCA 207
R v Baden-Clay [2016] HCA 35; 334 ALR 234
R v Chai [2002] NSWCCA…

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AGLC
R v Connors (No 2) [2016] ACTSC 333
Case
[2016] ACTSC 333
Decision Date

CaseChat Overview and Summary

In the case of R v Connors (No 2), the respondent, Andrew John Connors, faced a charge of trafficking in a large commercial quantity of a controlled drug other than cannabis, specifically methylamphetamine. The case was heard in the Supreme Court of the Australian Capital Territory by a judge alone, without a jury. The respondent was acquitted of the charge after a trial that involved extensive evidence and legal arguments.

The primary legal issues before the court involved the interpretation and application of the elements of the offence of trafficking in a large commercial quantity of a controlled drug, as defined in the Criminal Code 2002 (ACT). The court had to consider whether the prosecution had proved beyond reasonable doubt that the respondent was part of a joint criminal enterprise involved in the trafficking of the drug. This required the court to examine the reliability and admissibility of various forms of evidence, including covert surveillance, recorded conversations, and admissions made by the respondent.

The court conducted a thorough analysis of the evidence presented, including evaluating the probative value and reliability of circumstantial evidence such as surveillance material and admissions. It also considered the relevance of hearsay and the admissibility of evidence obtained through covert means. The court found that while there was evidence suggesting the respondent's involvement in drug-related activities, it did not reach the requisite standard of proof beyond reasonable doubt. The court noted the cumulative effect of the evidence but ultimately concluded that the prosecution had not met its burden of proof.

Andrew John Connors was therefore acquitted of the charge of trafficking in a large commercial quantity of a controlled drug. The court's decision hinged on the inability of the prosecution to prove the essential elements of the offence to the required standard.

Orders

Orders of the court

Andrew John Connors is not guilty of trafficking in a large commercial quantity of a controlled drug other than cannabis, namely methylamphetamine.

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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