IN THE COURT OF APPEAL [1992] QCA 170
| SUPREME COURT OF QUEENSLAND | C.A. No. 69 of 1992 |
| Before the Court of Appeal |
Mr Justice Davies
Mr Justice McPherson
Mr Justice Demack
T H E Q U E E N
v.
PHILLIP ANTHONY TYLER
Appellant
REASONS FOR JUDGMENT OF THE COURT
Delivered the 26th day of June 1992
MINUTE OF ORDER:In relation to count 5 only the appeal is
allowed; conviction quashed; verdict of
not guilty entered; sentence set aside; nonew trial ordered.
In relation to all other counts, the application for leave to
appeal against sentence is refused.
CATCHWORDS:CRIMINAL LAW - ACCOMPLICES - appellant convicted
of inter alia supplying cocaine following
evidence given by undercover policeman -
whether policeman can be considered an
accomplice - Criminal Code s.632
EVIDENCE - IDENTIFICATION - appellant convicted of inter alia supplying cocain following identification by undercover policeman introduced to the alleged dealer by third man not called to testify - no evidence of how
identification made - whether conviction
ought stand on that count
Counsel:S. Keim for the Appellant
J. Costanzo for the Respondent
Solicitors:Legal Aid Office for the Appellant
Director of Prosecutions for the Respondent
Hearing Date:5 June 1992
IN THE COURT OF APPEAL
| SUPREME COURT OF QUEENSLAND | C.A. No. 69 of 1992 |
T H E Q U E E N
v.
PHILLIP ANTHONY TYLER
Appellant
REASONS FOR JUDGMENT OF THE COURT
Delivered the 26th day of June 1992
Phillip Anthony Tyler was charged with seven counts of supplying a dangerous drug. In one instance, the dangerous drug was cocaine, and, in all other instances, cannabis sativa. The evidence in each case came from an undercover police officer. The accused was convicted and sentenced to two and a half years
imprisonment on the charge of supplying cocaine and one and a
half years imprisonment on the other charges.
He appeals against conviction and seeks leave to appeal against sentence. In the appeal against conviction two separate issues arise. First, is an undercover police officer an
accomplice, so that the warning required by s. 632 of the Criminal Code must be given? Secondly, was the summing up in
respect of the identification evidence in count 5 adequate?
Is an undercover police officer an accomplice?
This question was referred to in the judgments in The Queen
v. Charles Carmelo D'Arrigo (C.A. No. 220 of 1991) judgment
delivered 11 December 1991. The Chief Justice left the question
open and de Jersey J. expressed the opinion that the person in that case who was working undercover for the police was an
accomplice. The issue then falls for decision.
Section 632 reads:-
"A person may be convicted of an offence on the uncorroborated testimony of an accomplice or accomplices, but the Court shall warn the jury of the danger of acting on such testimony unless they find that it is corroborated in some material particular by other evidence implicating that person."
Section 632 appears to be the only section in the Criminal
Code in…
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