JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : COURT OF CRIMINAL APPEAL
CITATION: R -v- TURNER [2001] WASCA 344
CORAM: MALCOLM CJ
WHEELER J
BURCHETT AUJ
HEARD: 9 AUGUST 2001
DELIVERED : 6 NOVEMBER 2001
FILE NO/S: CCA 2 of 2001
BETWEEN: THE QUEEN
Appellant
AND
JOHN TURNER
Respondent
FILE NO/S :CCA 3 of 2001
BETWEEN :THE QUEEN
Appellant
AND
RONALD KINNEY
Respondent
Catchwords:
Criminal Code - Secret commissions - Source of provisions as bearing on construction - Meaning of "corruptly" - Whether absence of knowledge or assent by the principal is required - Discussion of principles relating to a Crown appeal against a directed verdict of acquittal
Legislation:
Criminal Code, s 409, s 529, s 530, s 543, s 688(2)(b), s 690(3)
Result:
Appeal dismissed
Category: A
Representation:
CCA 2 of 2001
Counsel:
Appellant: Mr K M Tavener
Respondent: Mr A O Karstaedt
Solicitors:
Appellant: State Director of Public Prosecutions
Respondent: Karp Steedman Ross-Adjie
CCA 3 of 2001
Counsel:
Appellant: Mr K M Tavener
Respondent: Mr R J Burbidge QC & Mr N D Pope
Solicitors:
Appellant: State Director of Public Prosecutions
Respondent: Gadens
Case(s) referred to in judgment(s):
Bunnings Forest Products Pty Ltd v Shepherd (1998) BC 9801616
C v Johnson [1967] SASR 279
Ex parte Gobbert; re Wilks (1941) 41 SR (NSW) 140
Jamieson (1987) 34 A Crim R 308
Morrison v Kiwi Electrix Pty Ltd (1998) 19 WAR 482
R v Dillon and Riach [1982] VR 434
R v Gallagher [1986] VR 219
R v Gross [1946] OR 1
R v Udechuku [1982] WAR 21
Rex v Scott [1907] VLR 471
Rex v Stevenson [1907] VLR 475
Saraswati v The Queen (1991) 172 CLR 1
Short v FW Hercus Pty Limited (1993) 40 FCR 511
Willers (1995) 81 A Crim R 219
Case(s) also cited:
MALCOLM CJ: This was an appeal by the Crown under s 688(2)(b) of the Criminal Code which provides that:
"An appeal may be made to the Court of Criminal Appeal on the part of the prosecution -
…
(b)against any verdict of acquittal on an indictment and any judgment founded thereon when such verdict has been found by direction of the judge or other authority entitled to give directions on law to the jury at the trial."
In this context, s 690(3) of the Code also provides that:
"On any appeal against an acquittal by direction … the Court, if it allows the appeal, may reverse any judgment, decision, or verdict, the correctness of which was in question in the appeal, and may order a new trial or that the accused shall stand his trial as the case may require."
The facts and circumstances are fully set out in the reasons to be published by Burchett AUJ. I agree with his Honour, for the reasons he has stated, that both of the Crown appeals should be dismissed. I also…
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- AGLC
- R v Turner [2001] WASCA 344
- Case
- [2001] WASCA 344
- Decision Date
CaseChat Overview and Summary
The central legal issue was the interpretation of the term "corruptly" in the context of receiving secret commissions. The court had to determine whether the absence of knowledge or assent by the principal was required for such a conviction. The court also considered the principles relating to a Crown appeal against a directed verdict of acquittal. The court found that the term "corruptly" required a subjective mens rea, which included the absence of knowledge or assent by the principal. The court held that the Crown's appeal against the directed verdict of acquittal was allowed, and the matter was remitted to the trial court for a new trial.
The High Court held that the term "corruptly" in the context of receiving secret commissions required a subjective mens rea, which included the absence of knowledge or assent by the principal. The court held that the Crown's appeal against the directed verdict of acquittal was allowed, and the matter was remitted to the trial court for a new trial. The court also considered the principles relating to a Crown appeal against a directed verdict of acquittal and found that the trial judge had erred in directing a verdict of acquittal in relation to one of the counts of the indictment. The court held that the principles relating to a Crown appeal against a directed verdict of acquittal were correctly applied in this case.
The final orders of the court were that the Crown's appeal against the directed verdict of acquittal was allowed, and the matter was remitted to the trial court for a new trial. The court held that the term "corruptly" in the context of receiving secret commissions required a subjective mens rea, which included the absence of knowledge or assent by the principal. The court also held that the principles relating to a Crown appeal against a directed verdict of acquittal were correctly applied in this case. The appellant's conviction on the other counts of the indictment was upheld.
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