R v Von Snarski

Case [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…

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AGLC
R v Von Snarski [2001] QCA 71
Case
[2001] QCA 71
Decision Date

CaseChat Overview and Summary

The case of R v Von Snarski involved the appellant, Von Snarski, who was charged under section 11 of the Drugs Misuse Act for permitting premises to be used for the production of a dangerous drug. The matter was heard and determined by the court of appeal. The appellant contested the decision, leading to an appeal that needed resolution.

The court was tasked with deciding whether the appellant had sufficient knowledge and exercised sufficient control over the premises to be found guilty of permitting the premises to be used for drug production. This required a careful interpretation of the terms "knowingly permit or suffer" and the meaning of "permitting" and "occupation" within the context of the statute. Additionally, the court had to assess whether the trial judge had correctly directed the jury regarding the use of circumstantial evidence in reaching their verdict.

Upon reviewing the evidence, the court found that the appellant had indeed exercised control over the premises and had the requisite knowledge. The court held that the judge's direction to the jury was appropriate, as the evidence was capable of proving both occupation and knowledge. Consequently, the court dismissed the appeal, upholding the original conviction. The appeal was therefore dismissed with no orders made beyond the dismissal.

Orders

Orders of the court

Appeal dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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