R v Robinson

Case [2009] QCA 250


SUPREME COURT OF QUEENSLAND

CITATION:

R v Robinson [2009] QCA 250

PARTIES:

R
v
ROBINSON, Robert Raymond Lloyd
(appellant)

R
v
ROBINSON, Robert Raymond Lloyd
(respondent)
EX PARTE COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS
(appellant)

FILE NO/S:

CA No 251 of 2008
CA No 253 of 2008
DC No 2323 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction
Sentence Appeal by Cwth DPP

ORIGINATING COURT:

District Court at Toowoomba

DELIVERED ON:

1 September 2009

DELIVERED AT:

Brisbane

HEARING DATE:

18 June 2009

JUDGES:

Keane and Muir JJA and Fryberg J
Separate reasons for judgment of each member of the Court, Keane and Muir JJA concurring as to the orders made, Fryberg J dissenting

ORDERS:

1.   Appeal allowed

2.   Convictions and orders made below set aside

3.   Retrial ordered

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – CONSIDERATION OF SUMMING UP AS A WHOLE – where appellant convicted of two counts of contravening
s 26(1) of the Commonwealth Authorities and Companies Act 1997 (Cth) – where s 26(1) refers to "power" and "duty" and "proper purpose" – where appellant alleged that trial judge erred in failing to provide the jury with any instruction as to

the nature and scope of those matters – whether failure to instruct jury on those matters an error of law

Aboriginal and Torres Strait Islander Commission Act 1989 (Cth), s 3, s 7, s 10, s 27, s 30, s 44, s 45, s 45A, s 45B
Commonwealth Authorities and Companies Act
1997 (Cth),
s 21, s 22, s 23, s 25, s 26, s 27B
Corporations Act 2001 (Cth), s 2, s 3, s 4, s 179, s 180, s 181, s 182, s 183, s 184, s 185, s 1317E, s 1317F, s 1317G,
s 1317H
Criminal Code 1899 (Qld), s 590AA
Criminal Code 1995 (Cth), s 130.1, s 148.1, s 148.2
Evidence Act 1977 (Qld), s 15

Beckwith v The Queen (1976) 135 CLR 569; [1976] HCA 55, cited
Bell Group Ltd (in liq) v Westpac Banking Corporation
(No 9)
(2008) 225 FLR 1; [2008] WASC 239, cited
Crampton v The Queen (2000) 206 CLR 161; [2000] HCA 60, cited
Crofts v The Queen (1996) 186 CLR 427; [1996] HCA 22, cited
Herscu v The Queen (1991) 173 CLR 276; [1991] HCA 40, cited
HML v The Queen (2008) 235 CLR 334; [2008] HCA 16, cited
McKinney v The Queen (1991) 171 CLR 468; [1991] HCA 6, cited
Melbourne v The Queen (1999) 198 CLR 1; [1999] HCA 32, cited
R v Adler (2005) 53 ACSR 471; [2005] NSWSC 274, cited
R v Allouche [1998] QCA 216, cited
R v Cassidy [2005] NSWSC 410, cited
R v Evans, unreported, County Court, Vic, Judge Nixon,
29 February 2008, cited
R v Lo (2007) 174 A Crim R 451; [2007] NSWSC 105

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Details
AGLC
R v Robinson [2009] QCA 250
Case
[2009] QCA 250
Decision Date

CaseChat Overview and Summary

In the case of R v Robinson, the appellant, Robinson, was convicted of two counts of contravening section 26(1) of the Commonwealth Authorities and Companies Act 1997 (Cth). This legislation pertains to the misuse of "power" and "duty" and the concept of "proper purpose." Robinson appealed against his conviction, arguing that the trial judge failed to instruct the jury adequately on the nature and scope of the elements of the offence, specifically the terms "power," "duty," and "proper purpose." The central issue for the court was whether the trial judge's omission constituted an error of law that warranted a new trial.

The court considered the summing up as a whole, recognising that while the trial judge did not explicitly define the terms in question, the context in which they were used in the summing up allowed the jury to understand the necessary elements of the offence. However, the court concluded that the failure to provide clear and explicit instructions on these critical components was indeed an error of law. The omission of these instructions was significant enough to potentially affect the fairness of the trial and the jury's ability to apply the law correctly.

Consequently, the court allowed the appeal, set aside the convictions and orders made in the trial court, and ordered a retrial. This decision underscores the importance of clear and comprehensive jury instructions in criminal trials, particularly when dealing with complex statutory provisions.

Orders

Orders of the court

1. Appeal allowed

2. Convictions and orders made below set aside

3. Retrial ordered

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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