SUPREME COURT OF QUEENSLAND
CITATION:
R v Naidu [2008] QCA 130
PARTIES:
R
v
NAIDU, Shanta Mani
(appellant)FILE NO/S:
CA No 129 of 2007
DC No 1253 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
30 May 2008
DELIVERED AT:
Brisbane
HEARING DATE:
1 February 2008
JUDGES:
McMurdo P, Fraser JA and Mackenzie J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal Dismissed
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE APPEAL DISMISSED – where the appellant was made the sole attorney of the complainant’s enduring power of attorney – where several transactions occurred that were particularised by the appellant as being gifts – where the Crown contended that the appellant had dishonestly taken advantage of the complainant – where the yield from the transactions was $371,848 – where the Crown’s case relied upon establishing that the complainant was not capable of making the relevant decisions about his assets and finances – where there was evidence from various witnesses attesting to the complainant’s capacity – where some evidence was contradictory – where the appellant was convicted after a trial by jury on two counts of fraud under s 408C(1)(d) of the Criminal Code 1899 (Qld) – where the appellant contended that the convictions were unreasonable, or could not be supported having regard to the evidence – whether it was open to the jury to be satisfied beyond reasonable doubt that the appellant was not capable of making the relevant decisions about his assets and finances – whether the evidence raised a reasonable doubt about the appellant’s guilt
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – CIRCUMSTANCES NOT INVOLVING MISCARRIAGE OR IN WHICH MISCARRIAGE NOT SUBSTANTIAL – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – where expert opinion evidence was given – where the expert relied upon material that was not proved and identified – where that evidence was inadmissible hearsay – where there was no objection by the appellant’s trial counsel – where the failure to object was clearly explicable on the basis that it avoided significant forensic disadvantages – whether a miscarriage of justice resulted from the admission of the inadmissible evidence
Criminal Code 1899 (Qld), s 408C(1)(d), s 408C(2)(d), s 668E(1)
Ali v R (2005) 79 ALJR 662; [2005] HCA 8, cited
M v R (1994) 181 CLR 487; [1994] HCA 63, cited
Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705, cited; [2001] NSWCA 305
MFA v R (2002) 213 CLR 606; [2002] HCA 53, cited
R v Lindsay [1963] Qd R 386, cited
R v Ping [2006] 2 Qd R 69; [2005] QCA 472, cited
R v S [2002] QCA 167, cited
Suresh…
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- R v Naidu [2008] QCA 130
- Case
- [2008] QCA 130
- Decision Date
CaseChat Overview and Summary
The court examined the evidence and noted that while there was testimony attesting to the complainant's capacity, there were also contradictions. The jury, as the trier of fact, was entitled to assess the credibility and weight of the evidence presented. The court found that the evidence was sufficient for the jury to conclude that the appellant had acted dishonestly and taken advantage of the complainant. Therefore, the court rejected the argument that the conviction was unreasonable or insupportable. The court also considered whether the admission of inadmissible expert evidence constituted a miscarriage of justice. Despite the evidence being hearsay and not properly identified, the court concluded that the failure to object to this evidence was explicable and that no miscarriage of justice occurred as a result.
In light of the above, the court dismissed the appeal. The reasoning was that the jury had properly assessed the evidence and reached a conclusion that was supported by the evidence presented. The court held that the convictions were not unreasonable or insupportable, and that the admission of inadmissible evidence did not result in a miscarriage of justice. Consequently, the appeal was dismissed, and the original convictions were upheld.
Orders
Orders of the court
Appeal Dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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