R v Turner (No 4)

Case [2001] TASSC 51


[2001] TASSC 51

CITATION:              R v Turner & Ors (No 4) [2001] TASSC 51

PARTIES:  R
  v
  TURNER, Phillip Bruce

LEE, Mervyn Robin
JANSEN, Cornelius Marinus
COULSTON, Daren Te Ariki Charles
TEDESCO, Antonio

TITLE OF COURT:  SUPREME COURT OF TASMANIA
JURISDICTION:  ORIGINAL
FILE NO/S:  320/2000
DELIVERED ON:  4 May 2001
DELIVERED AT:  Hobart
HEARING DATES:  26 - 30 March, 26, 27 April 2001
JUDGMENT OF:  Blow J
CATCHWORDS:

Criminal Law - Particular offences - Offences against the Government - Other offences - Conspiracy to defraud Commonwealth or public authority under Commonwealth - Deflection of public officers from public duty.

Crimes Act 1914 (Cth), s86A.
Welham v Director of Public Prosecutions [1961] AC 103, followed.
Board of Trade v Owen [1957] AC 602; Scott v Metropolitan Police Commissioner [1975] AC 819; R v Terry [1984] AC 374; R v Horsington [1983] 2 NSWLR 72; Connor v Sankey [1976] 2 NSWLR 570; Peters v R (1998) 192 CLR 493; Spies v R (2000) 74 ALJR 1263; R v Howes [1971] 2 SASR 293; Kastratovic v R (1985) 42 SASR 59; Simonidis v R (1983) 8 A Crim R 313; Barker v R (1994) 54 FCR 451, referred to.
Aust Dig Criminal Law [301]

Primary Industry - Fish - Licences - Fishing Licence - Void or voidable - Void Management Plan.

Fisheries Legislation (Consequential Provisions) Act 1991 (Cth), s6(1).
Austral Fisheries Pty Ltd v Minister for Primary Industries and Energy (1992) 37 FCR 463; Minister for Primary Industries and Energy v Austral Fisheries Pty Ltd (1993) 40 FCR 381; Coleman v Gray (1994) 55 FCR 412, referred to.
Aust Dig Primary Industry [28]

REPRESENTATION:

Counsel:
     Crown:  M Rozenes QC, K E Read and J Read
     First Accused:  M L Abbott QC and W P Boucault
     Second Accused:  B R McTaggart
     Third Accused:  J D Edwardson
     Fourth Accused:  B J Powell QC
     Fifth Accused:  C J Kourakis QC and J M Fuller
Solicitors:
     Crown:  Commonwealth Director of Public Prosecutions
     First Accused:     Jennings Elliott as agents for:             Iles Selley
     Second Accused:  Jennings Elliott
     Third Accused:    Jennings Elliott as agents for:             John Lister
     Fourth Accused: Jennings Elliott as agents for:             Coates PL
     Fifth Accused:     Jennings Elliott as agents for:             Lynch & Meyer

Judgment Number:  [2001] TASSC 51
Number of Paragraphs:  93

Serial No 51/2001
File No 320/2000

THE QUEEN v PHILLIP BRUCE TURNER,
MERVYN ROBIN LEE, CORNELIUS MARINUS JANSEN,
DAREN TE ARIKI CHARLES COULSTON
and ANTONIO TEDESCO (No 4)

REASONS FOR JUDGMENT  BLOW J

4 May 2001

  1. The five accused have been jointly charged with a single count of conspiracy to defraud the Commonwealth and the Australian Fisheries Management Authority ("AFMA"), an authority under the Commonwealth, contrary to the Crimes Act 1914 (Cth), s86A. Although it is not envisaged that a jury will be empanelled until later this year, the accused were all called upon to plead on 26 March 2001,…

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R v Turner (No 4) [2001] TASSC 51
Case
[2001] TASSC 51
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CaseChat Overview and Summary

In R v Turner (No 4), five individuals were charged with conspiracy to defraud the Commonwealth and the Australian Fisheries Management Authority. The accused challenged the validity of the indictment and the search warrants used to obtain evidence against them. The Supreme Court of Tasmania, in a detailed judgment, rejected the accused's arguments. The court held that the indictment properly disclosed an offence under the Crimes Act, as the intent to defraud could be established without necessarily causing economic loss. The court further found that eight of the search warrants issued under the repealed Fisheries Act 1952 were invalid due to the act's repeal and the invalidity of the underlying licences. However, the warrants issued under the Fisheries Management Act 1991 were deemed valid, despite some technical discrepancies. Lastly, the warrants issued in New Zealand under the Mutual Assistance in Criminal Matters Act 1992 were found valid despite some inaccuracies in the description of the offences.

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