SUPREME COURT OF QUEENSLAND
CITATION:
R v Handlen [2015] QCA 292
PARTIES:
R
v
HANDLEN, Dale Christopher
(appellant)FILE NO/S:
CA No 80 of 2014
SC No 87 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
Supreme Court at Brisbane – Unreported, 28 March 2014 (Conviction); Unreported, 10 April 2014 (Sentence)
DELIVERED ON:
18 December 2015
DELIVERED AT:
Brisbane
HEARING DATE:
4 September 2015
JUDGES:
Chief Justice and Margaret McMurdo P and Gotterson JA
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. The appeal against conviction is dismissed.
2. The application for leave to appeal against sentence is refused.
CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – INCONSISTENT VERDICTS – where the appellant was charged with two counts of importing a commercial quantity of border controlled drugs (counts 1 and 6); possessing a commercial quantity of border controlled drugs (count 2); and attempting to possess a commercial quantity of border controlled drugs (count 7) – where the appellant was found not guilty on counts 1 and 2 and guilty on counts 6 and 7 – where the appellant was sentenced to 27 years imprisonment with parole eligibility after 18 years – where counts 1 and 2, where the appellant was acquitted, related to the first importation of drugs into Australia from Canada – where counts 6 and 7 related to a subsequent importation of drugs into Australia from Canada – where the subsequent importing involved concealing drugs in used computer monitors – where unknown to the offenders, customs officials discovered drugs inside a monitor in the subsequent shipment – where they alerted federal police who found 135.7 kilograms of powder in packages in the monitors which was analysed to be cocaine of 69 to 79 per cent purity totalling 103 kilograms of pure cocaine – where they also found 121,291 tablets containing a mix of 3, 4-methylenedioxymethamphetamine and methamphetamine – where the police removed the drugs and replaced them with packages of a harmless substance, recreating the original appearance – where police began surveillance of the group and placed intercepts on their mobile phones – where the appellant contends that the jury verdicts were inconsistent, particularly with respect to count 6 – whether the guilty verdicts on counts 6 and 7 were inconsistent with the not guilty verdicts on counts 1 and 2
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – GENERAL PRINCIPLES – where the evidence led at trial included conversations contained in telephone intercepts where the parties to the calls were not themselves called to give evidence or made available for cross-examination; evidence of discreditable conduct involving the appellant’s co-offender; and evidence of the appellant’s alleged accomplice who gave evidence implicating the appellant – where the appellant contends that the judge erred in allowing that evidence to be given at trial and this has caused…
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- R v Handlen [2015] QCA 292
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- [2015] QCA 292
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CaseChat Overview and Summary
The primary legal issues in this case were whether the jury's verdicts on the drug importation and possession charges were inconsistent, whether the evidence admitted at trial was improperly handled, and whether the sentence imposed was manifestly excessive. Handlen argued that the jury's verdicts were inconsistent, given that he was acquitted on the first importation charges but found guilty on the subsequent importation charges. He also contended that the judge erred in allowing certain evidence, such as phone intercepts and testimony from an accomplice, which he claimed caused a miscarriage of justice. Finally, he argued that the sentence was manifestly excessive, claiming that the judge incorrectly assessed his role in the drug importation operations.
The court found that the jury's verdicts were not inconsistent, as there was significant independent evidence supporting the guilty verdicts on the subsequent importation charges. The court also rejected Handlen's argument that the admission of certain evidence caused a miscarriage of justice, finding that the evidence was properly admitted and did not prejudice the outcome. Regarding the sentence, the court found that the appellant’s role in the importation operations was accurately assessed by the trial judge, who determined that Handlen occupied a position of authority and acted in a management role. The court held that the sentence was not manifestly excessive given the seriousness of the offences and the appellant's instrumental role in the drug importation scheme.
ORDERS:
1. The appeal against conviction is dismissed.
2. The application for leave to appeal against sentence is refused.
Orders
Orders of the court
1. The appeal against conviction is dismissed.
2. The application for leave to appeal against sentence is refused.
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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