R -v- TIET & ORS [2002] WASC 17
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2002] WASC 17 | |
| Case No: | INS:66/2001 | 7 FEBRUARY 2002 | |
| Coram: | MURRAY J | 12/02/02 | |
| 9 | Judgment Part: | 1 of 1 | |
| Result: | Ruling given | ||
| B | |||
| PDF Version |
| Parties: | THE QUEEN AN VAN TIET GIANG THANH TIET HO THANH TIET TUOI VAN TIET AARON TRUONG LOUIS LE HOANG PHI TRAN TEO VAN PHAM THANH PHONG NGUYEN JOSEPH CONDELLI JONATHON PERSIVAL O'DRISCOLL DANIEL FRANK HEARNE |
Catchwords: | Criminal law and procedure Indictment charging attempted murder and unlawful wounding with intent to do grievous bodily harm in the alternative Application to case of Criminal Code (WA), s 7, s 8 |
Legislation: | Criminal Code, s 7, s 8 |
Case References: | Alister v R (1984) 154 CLR 404 Markby v R (1978) 140 CLR 108 Mason v R (1995) 15 WAR 165 McAuliffe v R (1995) 183 CLR 108 Nguyen v The Queen [2001] WASCA 176 R v Barlow (1997) 188 CLR 1 Saunders v R [1980] WAR 183 Stuart v R (1974) 134 CLR 426 Ward v R (1997) 19 WAR 68 Warren & Ireland v R [1987] WAR 314 Beck v The Queen [1991] 1 Qd R 30 Director of Public Prosecutions v Stonehouse [1978] AC 55 Johns v The Queen (1980) 143 CLR 108 Knight v The Queen (1992) 175 CLR 495 R v Betty (1963) 48 Cr App R 6 R v Grimwood (1962) 3 All ER 285 R v Lovesey [1970] 1 QB 352 R v Mohan [1976] QB 1 R v Smith [1963] 1 WLR 1200 R v Whybrow (1951) 35 Cr App R 141 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
AND
AN VAN TIET
GIANG THANH TIET
HO THANH TIET
TUOI VAN TIET
AARON TRUONG
LOUIS LE
HOANG PHI TRAN
TEO VAN PHAM
THANH PHONG NGUYEN
JOSEPH CONDELLI
JONATHON PERSIVAL O'DRISCOLL
DANIEL FRANK HEARNE
Catchwords:
Criminal law and procedure - Indictment charging attempted murder and unlawful wounding with intent to do grievous bodily harm in the alternative - Application to case of Criminal Code (WA), s 7, s 8
Legislation:
Criminal Code, s 7, s 8
(Page 2)
Result:
Ruling given
Category: B
Representation:
Counsel:
Crown : Mr P D Yovich & Ms A L Forrester
Accused A V Tiet : Mr R M Utting
Accused G T Tiet : Mr R W Keeley
Accused H T Tiet : Mr R G W Bayly
Accused T V Tiet : Ms L Boston
Accused A Truong : Mr S V Smith
Accused L Le : Mr P J Hogan
Accused H P Tran : Mr M R Hall
Accused T V Pham : Mr P Heywood
Accused T P Nguyen : Mr J D Hawkins
Accused J Condelli : Mr…
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- AGLC
- R v Tiet [2002] WASC 17
- Case
- [2002] WASC 17
- Decision Date
CaseChat Overview and Summary
The case of R v Tiet et al, heard in the Supreme Court of Western Australia, involves an indictment charging the accused with attempted murder and unlawful wounding with intent to do grievous bodily harm in the alternative. The accused were seeking a ruling on various legal issues arising from statements made in the opening address of the Crown prosecutor. The primary legal issues the court had to decide were whether the Crown could rely on both sections 7 and 8 of the Criminal Code (WA) to establish the criminal complicity of secondary offenders and whether the Crown must prove that the secondary offender had the requisite intent to establish guilt if that person had been a principal offender.
In its reasoning, the court determined that there was no merit in the submission that the Crown must elect on which basis it puts the case to the jury. The court held that it was not legally inconsistent for the Crown to rely on both sections. The state of mind relevant to the application of sections 7 and 8 would be different. The court explained that an offence is committed when a person performs all the acts and/or omissions which constitute the physical elements of the offence, and if a specific intention is defined as an element of the offence, then the act or omission must be performed with that intention. The court concluded that the proper operation of section 8 of the Code flows directly from the wording of section 8(1), which requires that two or more persons form a common intention to prosecute an unlawful purpose, and an offence is committed which is a probable consequence of the prosecution of that purpose. The court held that the commission of the offence in question need not be contemplated at all by the secondary offender, but the relevant state of mind for that offender is the establishment of the common intention of which the section speaks.
In its reasoning, the court determined that there was no merit in the submission that the Crown must elect on which basis it puts the case to the jury. The court held that it was not legally inconsistent for the Crown to rely on both sections. The state of mind relevant to the application of sections 7 and 8 would be different. The court explained that an offence is committed when a person performs all the acts and/or omissions which constitute the physical elements of the offence, and if a specific intention is defined as an element of the offence, then the act or omission must be performed with that intention. The court concluded that the proper operation of section 8 of the Code flows directly from the wording of section 8(1), which requires that two or more persons form a common intention to prosecute an unlawful purpose, and an offence is committed which is a probable consequence of the prosecution of that purpose. The court held that the commission of the offence in question need not be contemplated at all by the secondary offender, but the relevant state of mind for that offender is the establishment of the common intention of which the section speaks.
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Background to the litigation
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Evidence Before The Court
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Legal Principle Established
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