SUPREME COURT OF QUEENSLAND
CITATION:
R v Richards [2017] QCA 299
PARTIES:
R
v
RICHARDS, Daniel John
(appellant)FILE NO/S:
CA No 318 of 2016
SC No 54 of 2015DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
Supreme Court at Townsville – Date of Conviction: 27 October 2016 (North J)
DELIVERED ON:
8 December 2017
DELIVERED AT:
Brisbane
HEARING DATE:
29 May 2017
JUDGES:
Sofronoff P and Fraser JA and Henry J
ORDERS:
1. Allow the appeal.
2. Set aside the convictions on counts 1 and 3 and quash the sentences on those counts.
3. Enter verdicts and judgments of acquittal on those counts.
4. Quash the sentence on count 2 and substitute a sentence of imprisonment for four years.
5. Order that the term of imprisonment on count 2 be suspended after serving a period of 20 months imprisonment, and the appellant must not commit another offence punishable by imprisonment within a period of four years if he is to avoid being dealt with for the suspended term of imprisonment.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – where the appellant was found guilty by a jury of carrying on the business of unlawfully trafficking in a dangerous drug, unlawful possession of a dangerous drug with the circumstance of aggravation that the quantity of the dangerous drug exceeded two grams, and possessing a vehicle he had used in connection with the commission of a crime – where the conduct alleged to constitute the offence was the appellant aiding Mr Moran to carry on his business of trafficking – where the appellant contended that, in the absence of any direct evidence of any conversation or conduct evidencing knowledge by the appellant of any intention of Mr Moran to repeat the transaction or follow it by any further conduct relating to the drug, the jury could not exclude the reasonable hypothesis consistent with the appellant’s innocence of count 1 that, to the knowledge of the appellant, Moran acted only as a one-off courier – whether the verdict of the jury was unreasonable and cannot be supported by the evidence
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – where the appellant was found guilty by a jury of carrying on the business of unlawfully trafficking in a dangerous drug, unlawful possession of a dangerous drug with the circumstance of aggravation that the quantity of the dangerous drug exceeded two grams, and possessing a vehicle he had used in connection with the commission of a crime – where the conduct alleged to constitute the offence was the appellant aiding Mr Moran to carry on his business of trafficking – where there were jointly admitted facts – where one of those facts was that the other person was convicted by his own plea of guilty of one count of trafficking in methylamphetamine – where during the hearing the respondent acknowledged that evidence…
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- AGLC
- R v Richards [2017] QCA 299
- Case
- [2017] QCA 299
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the jury's verdict was unreasonable and not supported by the evidence, and whether the trial judge misdirected the jury in relation to the use of the co-offender's plea of guilty. The court considered the evidence and submissions from both parties, and found that the trial judge did indeed err in directing the jury regarding the use of the co-offender's plea of guilty, as evidence of the appellant's guilt. The court also found that the verdict on count 1 was unreasonable and not supported by the evidence, as there was no direct evidence of the appellant's knowledge or involvement in the trafficking business beyond the one-off transaction with Moran.
The court allowed the appeal and set aside the convictions on counts 1 and 3, and quashed the sentences on those counts. The court entered verdicts and judgments of acquittal on those counts, and quashed the sentence on count 2 and substituted a sentence of imprisonment for four years. The court also ordered that the term of imprisonment on count 2 be suspended after serving a period of 20 months imprisonment, and the appellant must not commit another offence punishable by imprisonment within a period of four years if he is to avoid being dealt with for the suspended term of imprisonment.
Orders
Orders of the court
1. Allow the appeal.
2. Set aside the convictions on counts 1 and 3 and quash the sentences on those counts.
3. Enter verdicts and judgments of acquittal on those counts.
4. Quash the sentence on count 2 and substitute a sentence of imprisonment for four years.
5. Order that the term of imprisonment on count 2 be suspended after serving a period of 20 months imprisonment, and the appellant must not commit another offence punishable by imprisonment within a period of four years if he is to avoid being dealt with for the suspended term of imprisonment.
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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