R v Smillie

Case [2002] QCA 341


SUPREME COURT OF QUEENSLAND

CITATION:

R v Smillie [2002] QCA 341

PARTIES:

R
v
SMILLIE, Shane Jon
(appellant)

FILE NO/S:

CA No 58 of 2002
DC No 72 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction and Sentence

ORIGINATING COURT:

District Court at Kingaroy

DELIVERED ON:

6 September 2002

DELIVERED AT:

Brisbane

HEARING DATE:

13 August 2002

JUDGES:

Williams JA and Mackenzie and Holmes JJ
Separate reasons for judgment of each member of the court, each concurring as to the orders made

ORDERS:

1.    Appeal allowed
2.    Convictions and verdicts on counts 3 and 4 on       indictment set aside and verdicts of acquittal entered
      on both counts.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE AND INSUPPORTABLE VERDICT – where appellant convicted of one count of arson and one count of fraud and acquitted of one count of arson and one count of fraud – where appeal against conviction – whether verdict unsafe and unsatisfactory – whether guilty verdicts inconsistent with acquittals on remaining counts – whether rational basis for differing verdicts

CRIMINAL LAW – EVIDENCE – EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS – EVIDENCE OF ACCOMPLICE – DIRECTIONS TO JURY – whether jury sufficiently directed as to the care to be taken with accomplice’s evidence – whether jury to be warned as to unreliability of witness evidence based purely on his status as accomplice

Criminal Code (Qld), s 632(3)
Penalties and Sentences Act (Qld) s13A, s188, 188(2)

Director of Public Prosecutions (Nauru) v Michael Fowler (1984) 154 CLR 627, considered
Jones v The Queen (1997) 191 CLR 439, considered
M v The Queen (1994) 181 CLR 487, followed
MacKenzie v The Queen (1996) 190 CLR 348, applied
R v AB [2000] QCA 520; CA No 188 of 2000, 19 December 2000, considered
R v B [1993] QCA 321; CA No 346 of 1992, 2 September 1993, cited
R v Gleadhill [2002] QCA 204; CA No 326 of 2001, 14 June 2002, cited
R v Le Blowitz [1998] 1 Qd R 303, considered
R v M [2001] QCA 458; CA No 126 of 2001, 26 October, 2001, considered
R v Maddox [1998] QCA 413; CA No 299 of 1998, 4 December 1998, cited
R v Markuleski (2001) 52 NSWLR 82, considered
R v P [2000] 2 Qd R 401, cited
R v R [2002] QCA 294; CA No 14 of 2002, 16 August 2002, cited

COUNSEL:

P J Callaghan for the appellant
C W Heaton for the respondent

SOLICITORS:

Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent

  1. WILLIAMS JA:  I agree with the orders proposed by Holmes J for the reasons she has given.

  1. MACKENZIE J:  I agree with the reasons of Holmes J and with the orders proposed.

  1. HOLMES J:  The appellant appealed against his conviction by a jury of one count of arson…

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Details
AGLC
R v Smillie [2002] QCA 341
Case
[2002] QCA 341
Decision Date

CaseChat Overview and Summary

In the case of R v Smillie, the appellant was convicted on one count of arson and one count of fraud, but was acquitted on two other counts of arson and fraud. The appellant appealed against his convictions, arguing that the verdicts were unreasonable and unsatisfactory, and that the guilty verdicts were inconsistent with the acquittals. The appeal was heard in the High Court of Australia.

The primary legal issues were whether the verdicts were so unreasonable that they ought not to be allowed to stand, and whether there was a rational basis for the differing verdicts. The court examined the evidence and considered whether the jury had been properly directed on the reliability of the evidence of an accomplice. The court also assessed whether the verdicts on the guilty counts were inconsistent with the acquittals.

The court found that the verdicts were indeed unreasonable and unsatisfactory. The evidence of the accomplice was critical, and the jury had not been sufficiently warned about the unreliability of such evidence. The court held that the jury should have been directed that an accomplice's evidence needed to be treated with particular care, and that it could not stand alone unless corroborated by other evidence. The verdicts on the guilty counts were inconsistent with the acquittals, and there was no rational basis for the differing verdicts.

Accordingly, the appeal was allowed. The convictions and verdicts on counts 3 and 4 were set aside, and verdicts of acquittal were entered on both counts.

Orders

Orders of the court

1. Appeal allowed

2. Convictions and verdicts on counts 3 and 4 on indictment set aside and verdicts of acquittal entered

on both counts.

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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