R -v- RECHICHI [1999] WASC 221

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[1999] WASC 221
Published:	10/11/1999
Case No:	INS:186/1998	Heard:	27 OCTOBER 1999
Coram:	SCOTT J	Delivered:	27/10/99
No of pages:	10	Judgment Part:	1 of 1
Result:	The accused's conduct did not constitute any of the offences alleged in the indictment and as a result the jury was directed to acquit
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Parties:	THE QUEEN RAFFAELE RECHICHI
Catchwords:	Criminal law and procedure Indictable offence Attempting to procure another to commit wilful murder Criminal Code, s 556 Whether "attempt" in s 556 should be accorded the definition of Criminal Code, s 4 No case submission Insufficient evidence to make out prima facie case Was the relevant conduct sufficiently proximate to the commission of the substantive offence "Attempt" attaches not to the offence to be procured but rather to the procurement Accused's conduct not constituting any of the offences alleged in the indictment Jury directed to acquit
Legislation:	Criminal Code (WA) s 556, s4, s7(d) Criminal Code (QLD) s 539
Case References:	Cox v Salt (1994) 12 WAR 12 Gebert v The Queen [1992] 60 SASR 110 Healy v R, unreported; CCA SCt of WA; Library No 950533; 6 October 1995 Morrison v Kiwi Electrix Pty Ltd (1998) 19 WAR 482 R v Bilick [1984] 36 SASR 321 R v Briggs (1987) 24 A Crim R 98 R v Morris (1997-98) A Crim R 408 R v Webb [1995] 1 Qd R 681 Tarzia v R, unreported; CCA SCt of WA; Library No 8761; 15 March 1991. Ah Poh Wai v R (1995) 132 ALR 708 Healy v The Queen, unreported; CCA SCt of WA; Library No 950533; 6 October 1995 Leavitt v The Queen [1995] 1 Qd R 343 May v O'Sullivan (1995) 92 CLR 654 Meissner v The Queen, unreported; High Court of Australia; 16 August 1995 R v Ayles (1993) 66 A Crim R 302 R v Broadfoot [1976] 3 All ER 753 R v Murphy (1985) 4 NSWLR 42 R v Murray [1982] 1 WLR 475 R v O'Neill (1995) 81 A Crim R 458 R v Susak, unreported; SCt of NT; Library No 9809002; 9 June 1999 Reynolds v Grealish, unreported; SCt of WA; Library No 7332; 28 October 1988

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION : R -v- RECHICHI [1999] WASC 221 CORAM : SCOTT J HEARD : 27 OCTOBER 1999 DELIVERED : 27 OCTOBER 1999 PUBLISHED : 10 NOVEMBER 1999 FILE NO/S : INS 186 of 1998 BETWEEN : THE QUEEN

AND

RAFFAELE RECHICHI

Catchwords:

Criminal law and procedure - Indictable offence - Attempting to procure another to commit wilful murder - Criminal Code, s 556 - Whether "attempt" in s 556 should be accorded the definition of Criminal Code, s 4

No case submission - Insufficient evidence to make out prima facie case - Was the relevant conduct sufficiently proximate to the commission of the substantive offence - "Attempt" attaches not to the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Rechichi

Details

AGLC: R v Rechichi [1999] WASC 221
Case: [1999] WASC 221
Decision Date

CaseChat Overview and Summary

The Supreme Court of Western Australia was presented with a case involving Raffaele Rechichi, who was charged with attempting to procure others to commit wilful murder. The Crown's case against Rechichi relied heavily on the testimony of an individual, referred to as "Mr X", who was allegedly procured by Rechichi to assist in the proposed murders of three individuals. The alleged plan involved acquiring firearms, a police vehicle, and a boat to facilitate the murders and dispose of the bodies. However, Mr X reported the plan to the police, who then arranged for an undercover officer to sell firearms to Rechichi, leading to his arrest.

The legal issues before the court were whether Rechichi's conduct constituted an attempt to procure another to commit wilful murder under s 556 of the Criminal Code, and if the evidence was sufficient to sustain a guilty verdict. The court had to determine if the "attempt" in s 556 should be defined by the general attempt provision in s 4 of the Criminal Code, and whether the conduct was sufficiently proximate to the commission of the substantive offence.

The court held that the "attempt" in s 556 should not be defined by s 4, as s 556 pertains to an attempt to procure another to commit an offence, not an attempt to commit the offence itself. The offence is an inchoate one where the "attempt" relates to the procurement, not the offence to be procured. The court found that the Crown's case did not establish the necessary elements of the offence as the criminal conduct was at the planning stage, with many preliminary steps still to be finalised. Therefore, the court directed the jury to acquit Rechichi, finding that his conduct did not constitute any of the offences alleged in the indictment.

Orders