R v Turner

Case

[2001] WASCA 344

6 NOVEMBER 2001


Details
AGLC Case Decision Date
R v Turner [2001] WASCA 344 [2001] WASCA 344 6 NOVEMBER 2001

CaseChat Overview and Summary

In the case of R v Turner, the appellant was convicted of receiving secret commissions in relation to his role as a police officer. The dispute was between the appellant, who was the respondent in the trial court, and the Crown. The matter was heard in the High Court of Australia. The appellant appealed against his conviction, arguing that the trial judge erred in directing a verdict of acquittal in relation to one of the counts of the indictment. The Crown, in turn, appealed against the directed verdict of acquittal in relation to the same count.

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.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Mens Rea & Intention

  • Appeal

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

60

Sidaros v The Queen (No 3) [2021] ACTCA 31
R v Hamra [2016] SASCFC 130