R v Harms

[2000] QCA 419

SUPREME COURT OF QUEENSLAND

CITATION:

R v Harms [2000] QCA 419

PARTIES:

THE QUEEN
v
HARMS, Colin Gordon
(applicant/appellant)

FILE NO/S:

CA No 3 of 2000
SC No 690 of 1999

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction and Sentence

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

10 October 2000

DELIVERED AT:

Brisbane

HEARING DATE:

3 October 2000

JUDGES:

McPherson and Davies JJA, Mackenzie J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made.

ORDER:

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

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – STRIKING OUT AND WARNING TO JURY TO DISREGARD EVIDENCE – appellant charged with attempted murder of a person he believed was about to reveal the nature of his drug related enterprises to authorities – where evidence elicited during cross-examination of previous threats to kill other persons who threatened to reveal appellant’s drug dealing activities – where trial judge ruled such evidence to be inadmissible and directed jury to put it from their minds – where there was further evidence of the appellant directing a third party to hide the gun used in the assault – where the trial judge gave similar directions to the jury - whether the appellant was deprived of the chance of a fair trial

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – GENERAL PRINCIPLES – where Crown accepted that the evidence was inadmissible – whether the evidence was sufficient for a reasonable jury to convict in the absence of the inadmissible evidence

Criminal Code (Qld), s 668E(1A)

Gilbert v The Queen (2000) 74 ALJR 676, considered
Maric v The Queen (1978) 20 ALR 513, applied
R v Webb and Hay (1992) 59 SASR 563, applied
Webb and Hay v The Queen (1994) 181 CLR 41, applied

COUNSEL:

D Murray for the applicant/appellant
C Heaton for the respondent

SOLICITORS:

Ryan & Bosscher for the applicant/appellant
Director of Public Prosecutions (Queensland) for the respondent

1. McPHERSON JA:  The appellant was convicted after a trial in the Supreme Court of a single count of attempted murder, and was sentenced to imprisonment for nine years and six months.

1. The evidence at trial disclosed that the appellant, assisted by one Laing, was a dealer in amphetamines from the appellant's house in East Ipswich, where the drugs were kept in a safe in his bedroom beside the bed under which he kept a sawn‑off .22 calibre firearm. Laing and a woman named Cecily Stafford were also living in the house at that time. The evidence at trial revealed that the appellant was in charge of the drug transactions taking place there. He is a man who was 50 years  of age at the time.…