SUPREME COURT OF QUEENSLAND
CITATION:
R v Ma [2019] QCA 1
PARTIES:
R
v
MA, Paul Julting
(appellant)FILE NO/S:
CA No 108 of 2018
SC No 45 of 2017DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
Supreme Court at Cairns – Date of Conviction: 23 April 2018 (Henry J)
DELIVERED ON:
Date of Orders: 11 December 2018
Date of Publication of Reasons: 29 January 2019DELIVERED AT:
Brisbane
HEARING DATE:
10 October 2018
JUDGES:
Fraser and Morrison JJA and Davis J
ORDERS:
Date of Orders: 11 December 2018
1. The appeal be allowed.
2. The conviction and sentence be set aside.
3. A verdict of acquittal be entered.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL ALLOWED – where the appellant was found guilty of an offence of trafficking in dangerous drugs – where police searched a property where the appellant was present – where the appellant did not live at that property – where two witnesses who did or had lived at that property at or about the time of the offence were involved with dangerous drugs – whether the appellant’s guilt was the only rational inference open to the jury – whether it was open to the jury to find the appellant guilty beyond reasonable doubt of the offence as charged
Criminal Code (Qld), s 668E
Barca v The Queen (1975) 133 CLR 82; [1975] HCA 42, considered
Dyers v The Queen (2002) 210 CLR 285; [2002] HCA 45, cited
Johnson v The Queen (2018) 92 ALJR 1018; [2018] HCA 48, cited
Peacock v The King (1911) 13 CLR 619; [1911] HCA 66, considered
R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35, considered
R v Clapham[2017] QCA 99, followed
R v Kaddour[2018] QCA 37, considered
R v Sharma; R v Agrawal[2017] QCA 209, consideredCOUNSEL:
A J Glynn QC for the appellant
G J Cummings for the respondentSOLICITORS:
Philip Bovey & Company Lawyers for the appellant
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: I agree with the reasons for judgment of Davis J and the orders proposed by his Honour.
MORRISON JA: I have had the advantage of reading the draft reasons of Davis J. I have come to a different conclusion from his Honour as to the resolution of this appeal. As mine is the minority view I shall attempt to express my reasons as briefly as may be.
I am able to generally adopt the synopsis of the evidence and the trial as set out in the reasons of Davis J.[1] However, there are some matters I will attempt to identify which, in my respectful view, matter to the outcome of the appeal.
[1]There are some differences in my analysis, but for the most part they are not determinative; for example, Senior Constable McManus may have said that Ma…
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- R v MA [2019] QCA 1
- Case
- [2019] QCA 1
- Decision Date
CaseChat Overview and Summary
The central issue was whether the appellant's presence at the property and the discovery of significant amounts of methylamphetamine and cash were sufficient to support a conviction. The appellant did not live at the property, and two witnesses who did or had lived there were also involved in dangerous drugs. The court had to weigh all the circumstances established by the evidence and decide if there was an inference consistent with innocence reasonably open on the evidence.
The court concluded that the evidence did not support a finding that the appellant's guilt was the only rational inference. The presence of significant amounts of drugs and cash at the property, along with the appellant's arrival from Sydney and the fact that he did not live at the property, did not necessarily lead to the inference that the appellant was trafficking in dangerous drugs. The court found that it was open to the jury to acquit the appellant based on the evidence presented. Therefore, the appeal was allowed, and the conviction and sentence were set aside.
ORDERS:
Date of Orders: 11 December 2018
1. The appeal be allowed.
2. The conviction and sentence be set aside.
3. A verdict of acquittal be entered.
Orders
Orders of the court
Date of Orders: 11 December 2018
1. The appeal be allowed.
2. The conviction and sentence be set aside.
3. A verdict of acquittal be entered.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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