SUPREME COURT OF QUEENSLAND
CITATION: R v Stott & Van Embden [2001] QCA 313 PARTIES: R
v
STOTT, Jonathon Quinton Duncan
(appellant)
VAN EMBDEN, Franciscus John
(appellant)FILE NO/S: CA No 372 of 2000
CA No 377 of 2000
SC No 623 of 2000DIVISION: Court of Appeal PROCEEDING: Appeal against conviction ORIGINATING COURT: Supreme Court at Brisbane
DELIVERED ON: 7 August 2001 DELIVERED AT: Brisbane HEARING DATE: 30 May 2001 JUDGES: McPherson JA, Muir J, Atkinson J.
Separate reasons for judgment of each member of the Court, each concurring as to the order made.ORDER: Appeals against conviction dismissed. CATCHWORDS: CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – GENERAL MATTERS – OTHER MATTERS – whether the learned Trial Judge was correct in leaving the Crown case of manslaughter for consideration by the jury, on a basis other than criminal negligence.
CRIMINAL LAW – GENERAL MATTERS – CRIMINAL LIABILITY AND CAPACITY – DEFENCE MATTERS – ACCIDENT – GENERALLY – whether the learned Trial Judge correctly directed the jury in regard to the interaction between s 23(1)(b) and s 289 of the Code.
CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – HOMICIDE – MANSLAUGHTER – CRIMINAL NEGLIGENCE – whether a person could be held liable for the death of another to whom they supplied heroin when the cause of death is a heroin overdose.
Criminal Code (Qld), s 7(1), s 23(1)(b), s 236, s 284, s 289, s 311.
Callaghan v The Queen (1952) 87 CLR 115, applied.
Kaporonovski v The Queen (1973) 133 CLR 209, considered.
R v Bateman (1925) 19 Cr App R 8, considered.
R v Dabelstein [1966] Qd R 411, considered.
R v Hodgetts & Jackson [1990] 1 Qd R 456, applied.
R v Scarth [1945] St R Qd 38, considered.
R v Sherrington v Kuchler [2001] QCA 105, considered.
R v Taiters, ex p Attorney-General [1997] 1 Qd R 333, applied.
R v van den Bemd (1994) 179 CLR 137, considered.COUNSEL: A J Rafter for the appellants
M J Byrne QC for the respondentSOLICITORS: Legal Aid Queensland for the appellants
Director of Public Prosecutions (Queensland) for the respondent
McPHERSON JA: The appellants Jonathan Stott and Francis van Embden were tried for murder in the Supreme Court, but found guilty of the manslaughter of Jason Bettridge, whose body was found in the Brisbane River below a bridge near Fernvale at about 10 am on Wednesday, 3 February 1999. The watch he was wearing had stopped at 10.20, and the evidence suggested it would have done so after being immersed in water for about three to 12 minutes.
Jason Bettridge, who was 27 years old, had been living with his mother at Clermont, but on the afternoon of Monday 1 February 1999 he flew to Brisbane in preparation for an appearance at the Mental Health Tribunal on the following morning. He had originally…
Continue reading R v Stott and Van Embden
Sign in free to access the full text
- AGLC
- R v Stott and Van Embden [2001] QCA 313
- Case
- [2001] QCA 313
- Decision Date
CaseChat Overview and Summary
The Court of Appeal examined the trial judge's directions to the jury and found that the judge did not misdirect them in relation to the Crown's case of manslaughter. The judge correctly allowed the jury to consider manslaughter based on other grounds, not solely on criminal negligence. The court also determined that the trial judge accurately instructed the jury regarding the interaction between sections 23(1)(b) and 289 of the Code. Furthermore, the court held that a person could indeed be held liable for the death of another if they supplied the heroin that led to the fatal overdose.
Given the court's findings, the appeals against the convictions were dismissed. The appellants' arguments concerning the trial judge's handling of the case and the legal directions provided to the jury did not substantiate a ground for overturning the convictions. The legal principles applied by the trial judge were deemed correct, and thus the convictions were upheld.
Orders
Orders of the court
Appeals against conviction dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.