R v Graham

The appeal concerned the interpretation of section 270C of the Criminal Law Consolidation Act 1935 (SA), which criminalises the possession of an article with the intention of using it to commit an offence. The appellant, Mr Graham, was convicted of an offence under this section. The appeal was heard by the Full Court of the Supreme Court of South Australia, comprising Doyle CJ, David J, and Kourakis J.

The central legal issue before the court was the meaning of the phrase "intending to use [the article] to commit an offence" within section 270C. Specifically, the court had to determine whether the intended use of the article must be integral to the commission of the offence itself, or if a broader interpretation encompassing preparatory actions was permissible. The court also considered whether the judge at trial had misdirected the jury on this point.

Kourakis J, in agreeing with the Chief Justice, elaborated on the interpretation of the statutory phrase. His Honour held that the intended use of the article must be in the act of committing an offence, not merely in preparation for it. This interpretation was derived from the ordinary meaning of the words "to commit an offence," which implies a direct involvement in the commission of the crime. Kourakis J found that in this case, the appellant's notebook, which recorded potential targets, was used for preparation and its use was "spent" once the appellant travelled to the vicinity of a location. There was no evidence that the appellant intended to use the notebook during the actual commission of an offence. His Honour also addressed the potential for common items like clothing or aids to fall within the section, stating that if an accused selects such items specifically for their utility in committing an offence, such as steel-capped boots to kick a door, then the requisite intention could be formed. However, if the items are commonly worn or used without a specific intention to employ them in the commission of an offence, they would likely not fall within the section.

The appeal against conviction was dismissed.