SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v MILLER
Judgment of The Court of Criminal Appeal
(The Honourable Chief Justice Doyle, The Honourable Justice Perry and The Honourable Justice Nyland)
22 March 2006
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL
Appeal against conviction for possessing methadone for sale and for unlawful possession of monies - whether error of law by way of impermissible reasoning from established facts - consideration of permissible inferences from established facts - consideration of weight to be given to established facts - appeal dismissed.
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - VERDICT AGAINST EVIDENCE OR WEIGHT OF EVIDENCE
The appellant was charged with seven offences - one count of possessing acetyl morphine for sale contrary to s 32 (1)(e) of the Controlled Substances Act 1984 – three counts of possessing methadone for sale contrary to s 32 (1)(e) of the Controlled Substances Act 1984 – one count of selling methadone contrary to s 32 (1)(c) of the Controlled Substances Act 1984 - two counts of possessing money by unlawful means contrary to s 41 of the Summary Offences Act 1953 – the appellant pleaded guilty in the District Court to one count of selling methadone contrary to s 32 (1)(c) of the Controlled Substances Act 1984 and although pleading not guilty to the remaining counts the appellant admitted possessing the methadone tablets and the sums of money - the appellant was found not guilty on the first count - there being no dispute as to possession of methadone tablets or sums of money the trial Judge had regard to circumstantial evidence in determining whether the appellant intended to sell the methadone tablets - the trial Judge also had regard to circumstantial evidence in determining whether the appellant had come to the sums of money by unlawful means - the trial Judge found the only rational inference from a series of established facts was that the appellant intended to sell at least some of the methadone tablets - the trial Judge found the only rational inference from a series of established facts was that the appellant had come to the sums of money by unlawful means - appellant convicted in the District Court - the Court of Criminal Appeal found the trial Judge did not reason impermissibly - the trial Judge was not required to record in written reasons the directions he gave himself as to the uses to which evidence can be put or the weight to be given to evidence before him - in this case those directions would be no more than a routine form of guidance - no error of law - appeal dismissed.
R v Keyte (2000) 78 SASR 68, discussed.
R v MILLER
[2006] SASC 83Court of Criminal Appeal: Doyle CJ, Perry and Nyland JJ
DOYLE CJ: Ms Miller appeals against convictions recorded by the District…
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- AGLC
- R v Miller [2006] SASC 83
- Case
- [2006] SASC 83
- Decision Date
CaseChat Overview and Summary
The legal issues focused on whether the trial judge erred in their reasoning or misapplied the law when drawing inferences from the established facts. Specifically, the court examined whether the trial judge correctly inferred the appellant's intent to sell methadone and whether the funds possessed were derived from unlawful means. The Court of Criminal Appeal found that the trial judge's reasoning was permissible and did not constitute an error of law. The judge was not required to provide detailed written reasons for their internal directions regarding the use of evidence and the weight to be assigned to it.
The Court of Criminal Appeal concluded that the trial judge's reasoning and decision-making process were sound, and no error of law was demonstrated. Consequently, the appeal was dismissed. The trial judge's determination that the appellant intended to sell some of the methadone and had obtained the money by unlawful means was upheld. The court found the trial judge's reasons adequate and sufficient, affirming the conviction.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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