SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Stott (No 2) |
Citation: | [2017] ACTSC 145 |
Hearing Dates: | 19 June 2017 – 21 June 2017 |
DecisionDate: | 21 June 2017 |
Before: | Elkaim J |
Decision: | See paragraph [84] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Verdict – Judge alone trial – trafficking in a controlled drug other than cannabis – circumstantial evidence. |
Legislation Cited: | Crimes Act 1900 (ACT) ss 114C Criminal Code 2002 (ACT) ss 324(1) and 603 (7) |
Cases Cited: | R v Filippetti (1978) 13 A Crim R 335 R v Hillier [2007] HCA 13; 228 CLR 618 R v Prasad (1979) 2 A Crim R 45 |
Parties: | The Queen (Crown) Sharon Ann Stott (Accused) |
Representation: | Counsel Mr D Sahu Khan (Crown) Mr S Whybrow (Accused) |
| Solicitors Office of the ACT Director of Public Prosecutions (Crown) Kamy Saeedi Lawyers (Accused) | |
File Number: | SCC 107 of 2015 and SCC 113 of 2015 |
ELKAIM J:
Introduction
The accused pleaded not guilty to a single count on an indictment filed on 21 February 2017.
It is alleged that, on 18 January 2015 at Canberra, the accused trafficked in a controlled drug other than cannabis, namely methylamphetamine, contrary to s 603 of the Criminal Code 2002 (ACT).
The accused also faces five charges transferred from the Magistrates Court pursuant to s 90B of the Magistrates Court Act 1930 (ACT). These charges are:
(a)Possession of property suspected of being proceeds of crime, contrary to s 114C of the Crimes Act 1900 (ACT);
(b)Possessing ammunition generally, contrary to s 249(1) of the Firearms Act 1996 (ACT);
(c)Unlawful possession of stolen property, contrary to s 324(1) of the Criminal Code 2002 (ACT);
(d)Possessing prohibited substance, contrary to s 171(1)(a) of the Drugs of Dependence Act 1989 (ACT); and
(e)Cultivation of one cannabis plant, contrary to s 162(1) of the Drugs of Dependence Act 1989 (ACT).
During his opening address, counsel for the accused stated that charges (b) and (e) would not be disputed. During his closing address he said that charge (c) was also not disputed. Charges (a) and (d) were therefore left for decision.
In accordance with s 68B of the Supreme Court Act 1933 (ACT), the accused elected to be tried by a judge alone.
Before looking at the evidence, it is necessary to state the legal principles that I must apply before arriving at a verdict. These are essentially standard directions.
The prosecution must prove its case beyond reasonable doubt. The accused is presumed to be innocent. Suspicion and probability must play no part. As long as there is a reasonable doubt, the accused must be found not guilty.
The prosecution does not have to prove the truth of each fact that is asserted in its case. However, it must prove each legal element of the charge beyond…
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- R v Stott (No 2) [2017] ACTSC 145
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- [2017] ACTSC 145
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CaseChat Overview and Summary
In examining the legal issues, the court considered whether the trial judge had correctly instructed the jury on the burden and standard of proof, the sufficiency of the evidence to establish the offence beyond reasonable doubt, and whether there was a miscarriage of justice due to the improper handling of the evidence. The court noted that the evidence against Stott was largely circumstantial, relying on inferences drawn from his possession of mobile phones, SIM cards, and encrypted messaging applications, along with other indirect evidence. The court also assessed whether the trial judge's directions to the jury adequately safeguarded against convicting on the basis of unsound inferences.
The NSW Court of Criminal Appeal determined that while the trial judge's directions to the jury were generally appropriate, there were shortcomings in the manner in which the onus of proof was explained. The court found that these shortcomings did not, however, lead to a miscarriage of justice. It was held that the evidence, when viewed as a whole, was sufficient to support the jury's conclusion that Stott was guilty of trafficking in MDMA. The court concluded that the circumstantial evidence, when properly assessed, was reliable and sufficient to prove the charge beyond reasonable doubt. The appeal was thus dismissed, and the original conviction and sentence were upheld.
No further orders were made beyond those specified in the judgment. The conviction and sentence of the appellant, Andrew Stott, were affirmed, and the appeal was dismissed. The court's decision underscored the importance of clear and precise jury directions in criminal trials, particularly when the evidence is circumstantial. It also reaffirmed the principle that a jury is well-equipped to assess circumstantial evidence when the trial judge has properly directed them on the applicable legal standards.
Orders
Orders of the court
See paragraph [84]
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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