IN THE COURT OF APPEAL [1992] QCA 223
QUEENSLAND
C.A. No. 189 of 1991
T H E Q U E E N
v.
TERENCE MURRAY LEWIS
(Appellant)
JUDGMENT - THE CHIEF JUSTICE
Delivered the 3rd day of August, 1992.
The appellant, for a number of years, had served as
Queensland's Commissioner of Police and was, on 5 August, 1991,
convicted by a jury on fifteen counts of official corruption. The jury considered the matter for four days before bringing in its decision. The appellant now appeals both against conviction
and sentence by his notice dated 13 August, 1991.
The notice of appeal states and particularises a number of
grounds but in the argument on the appeal against conviction
only three points were taken.
Counsel for the appellant submitted that:
(i)The conduct of counsel appearing for the Crown at the
trial resulted in a miscarriage of justice.
(ii)Apart from concerns about the reliability of the evidence given by the Herberts (the chief Crown witnesses), the evidence adduced at the trial was insufficient to prove any of the counts with the exception of count no. 2.
(iii)The adverse pre-trial publicity concerning the appellant had been such that a fair trial was not had.
The trial went for some eighty-nine days and the record is voluminous, running to sixteen volumes. Our appreciation of the effect of the evidence was assisted by the announcement made by counsel for the appellant that he was content to accept the evidence summary which had been produced by the Crown for the purpose of the appeal. The summary itself runs to some 142
pages.
With the exception of the second count, each of the counts on the indictment was framed under s. 121(1) of the Criminal Code dealing with corrupt conduct by persons, including public
servants, whose duties of a non-judicial kind involve the prosecution, detention or punishment of offenders. Count 2 was
framed under s. 87(1) of the Code which is also concerned with
corrupt behaviour of public servants in respect of duties not involving the administration of justice. The subsections are as
follows:
"87.Official corruption. Any person who -
(1)Being employed in the Public Service, or being the holder of any public office, and being charged with the performance of any duty by virtue of such employment or office, not being a duty touching the administration of justice, corruptly asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person on account of any thing already done or omitted to be done, or to be afterwards done or omitted to be done, by him in the discharge of the duties of his office; or ..."
"121. Official corruption not judicial but relating to
offences. Any person who -
(1)Being a justice not acting judicially or being a person employed in the Public Service in any capacity not judicial for the prosecution or detention or punishment of offenders, corruptly asks, receives,…
Continue reading R v Lewis
Sign in free to access the full text
- AGLC
- R v Lewis [1992] QCA 223
- Case
- [1992] QCA 223
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.