R v Von Snarski

[2001] QCA 71

SUPREME COURT OF QUEENSLAND

CITATION:

R v Von Snarski [2001] QCA 71

PARTIES:

R
v
VON SNARSKI, Randall Barrie
(appellant)

FILE NO/S:

CA No 242 of 2000
SC No 200 of 1999

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

6 March 2001

DELIVERED AT:

Brisbane

HEARING DATE:

23 February 2001

JUDGES:

Thomas JA, Wilson J and Douglas J
Judgment of the Court

ORDER:

Appeal dismissed.

CATCHWORDS:

CRIMINAL LAW – PARTICULAR OFFENCES – DRUG OFFENCES – appellant charged with permitting premises to be used for production of a dangerous drug – s 11 Drugs Misuse Act

CRIMINAL LAW – GENERAL MATTERS – EFFECT OF PARTICULAR WORDS – KNOWINGLY PERMIT OR SUFFER – whether appellant had sufficient knowledge – whether appellant exercised sufficient control over premises – meaning of 'permitting' and 'occupation'

CRIMINAL LAW – GENERAL MATTERS – CIRCUMSTANTIAL EVIDENCE – DIRECTION TO JURY- where evidence capable of proving occupation and knowledge – whether error in directing jury

Criminal Code (Qld), s 668E (1)

Adelaide Corporation v Australasian Performing Right Association Ltd (1928) 40 CLR 481, considered
R v Lonie and Groom (1999) NSW CCA 319, distinguished
R v Smythe [1997] 2 Qd R 223, considered
Thow v Campbell [1997] 2 Qd R 324, considered

COUNSEL:

A J Kimmins for the appellant
P M Ridgway for the respondent

SOLICITORS:

Ryan & Bosscher for the appellant
Director of Public Prosecutions (Queensland) for the respondent

1. THE COURT:  The appellant was tried on the following charges:

Count1

(Section 8(d) Drugs Misuse Act 1986)

That between the twenty-eighth day of September, 1997 and the twenty-ninth day of November, 1997 at Brisbane in the State of Queensland, BARRIE RANDALL VON SNARSKI unlawfully produced a dangerous drug namely, Methylamphetamine

And the quantity of the dangerous drug namely Methylamphetamine, exceeded 2.0 grams

ALTERNATIVELY

Count 2

(Section 11 Drugs Misuse Act 1986)

That between the twenty-eighth day of September, 1997 and the twenty-ninth day of November, 1997 at Brisbane in the State of Queensland, BARRIE RANDALL VON SNARSKI being the occupier of a place namely unit 138 Admiralty Towers 2, 501 Queen Street, Brisbane did permit such place to be used for the commission of a crime defined in Part 2 of the Drugs Misuse Act, 1986

1. The jury acquitted him of the first count but convicted him of the alternative second count.  This is his appeal against that conviction. 

1. The appeal is confined to two grounds:

(A)         The learned trial judge erred in his directions relating to the offence of "permitting premises";

(B)          There has been a miscarriage of justice in that the verdict of the jury was against the weight of the evidence.

1. The task of this court then is to examine the challenged directions and to examine the evidence in order to determine whether it is unreasonable or cannot be supported having regard to the evidence under s 668E(1) of the Code. It is convenient to commence with a brief summary of the evidence.

1. On 28…