SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v TARTAGLIA
[2011] SASCFC 88
Judgment of The Court of Criminal Appeal
(The Honourable Justice Sulan, The Honourable Justice Kourakis and The Honourable Justice Peek)
15 August 2011
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL ALLOWED
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE - DIRECTIONS TO JURY
CRIMINAL LAW - EVIDENCE - CORROBORATION - SUFFICIENCY OF EVIDENCE TO CONVICT
Appeal against conviction for the manufacture of a large commercial quantity of methylamphetamine discovered at premises in St Agnes.
Evidence of appellant's presence at the premises at St Agnes consisted of a DNA match to a drinking straw in a McDonald's cup and the sighting of his car on the street outside the house - appellant was found at premises at Richmond where items connected with the manufacture of methylamphetamine were later found - amounts of ephedrine (a rarely used precursor in the manufacture of methylamphetamine) were found at both premises.
Whether the evidence of the appellant's presence at the Richmond premises was wrongly admitted - whether the evidence was the subject of an appropriate direction - whether the evidence adduced was insufficient to prove the charge beyond reasonable doubt.
Held: Appeal allowed, conviction set aside, verdict of not guilty entered. (Sulan, Peek JJ, Kourakis J dissenting).
(Sulan J): The evidence relating to the Richmond premises was insufficient to establish that the appellant knew the drugs and equipment were there - the prejudicial effect of the evidence far outweighed its probative value - the evidence of the appellant's involvement with the Richmond premises constitutes a link in the chain of proof necessary to establish that the appellant was involved in the manufacture of methylamphetamine at the St Agnes premises - the trial Judge should have directed the jury that before they could use the Richmond premises as evidence to support guilt they must be satisfied beyond reasonable doubt that the appellant was in possession of, or had a connection with, the drugs at the Richmond premises.
(Peek J): Verdict of jury unreasonable as the evidence adduced was insufficient to prove the charge beyond reasonable doubt – there are a number of possible reasons for the usage of ephedrine at both houses which do not necessitate the appellant having participated in a manufacturing enterprise at the St Agnes premises - evidence of the items found at the Richmond premises was inadmissible or should have been excluded in the exercise of discretion on the basis that the prejudicial effect of the evidence outweighed any probative value – trial Judge's directions to jury regarding this evidence were inadequate.
(Kourakis J): (In dissent). Evidence of appellant's presence at Richmond premises properly admitted as circumstantial evidence to prove the appellant's presence at St Agnes house was not innocent - no misdirection given to jury - propensity direction given was sufficient - no misdirection of fact on the evidence - no duplicity - meaning…
Continue reading R v Tartaglia
Sign in free to access the full text
- AGLC
- R v Tartaglia [2011] SASCFC 88
- Case
- [2011] SASCFC 88
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the evidence was capable of proving Tartaglia's guilt beyond reasonable doubt, whether evidence of his presence at another house where chemical ingredients for methylamphetamine were found was wrongly admitted, and whether the jury received appropriate warnings regarding this propensity evidence. Tartaglia also raised grounds concerning the conviction being bad for duplicity and a misdirection of fact.
The court considered the evidence, which included the undisputed discovery of approximately 6.7 kilograms of methylamphetamine at a house in St. Agnes. The prosecution's case against Tartaglia relied on DNA evidence from a drinking straw found in the house and the sighting of his car outside on a prior occasion. Evidence was also admitted showing Tartaglia's presence at another house shortly before the St. Agnes discovery, where chemicals for manufacturing methylamphetamine were found. The court reasoned that the totality of the evidence, including the presence of chemicals and equipment in the St. Agnes house, which was clearly set up for drug production, and Tartaglia's connection to both locations, led to the only rational conclusion that he was a participant in the manufacture of the methylamphetamine.
The appeal was dismissed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by:
Full text does not contain this section.