SUPREME COURT OF QUEENSLAND
CITATION: R v Williams [2000] QCA 409 PARTIES: R
v
WILLIAMS, Craig James
(applicant/appellant)FILE NO/S: CA No 12 of 2000
CA No 77 of 2000
DC No 806 of 1999DIVISION: Court of Appeal PROCEEDING: Appeal against Conviction and Sentence ORIGINATING COURT: District Court at Southport
DELIVERED ON: 6 October 2000 DELIVERED AT: Brisbane HEARING DATE: 31 July 2000 JUDGES: Davies and McPherson JJA and Ambrose J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made.ORDER: Appeal against conviction dismissed.
Application for leave the appeal against sentence granted. Appeal against sentence allowed. Set aside sentence imposed and impose in lieu a sentence of four years imprisonment.CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – OBJECTIONS AND POINTS NOT RAISED IN COURT BELOW – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – GENERAL PRINCIPLES – appellant charged on 12 counts consisting of six counts of stealing and six counts of receiving in the alternative – appellant found guilty of two counts of stealing and jury gave the special finding pursuant to s 568(8) Criminal Code in respect of four counts – where appellant's co-offender gave recorded statement to police incriminating the appellant in the offences – where prosecutor called co-offender as a witness notwithstanding that he was unwilling to testify – learned trial judge designated the co-offender as adverse and gave the prosecutor leave to prove that he had made a statement inconsistent with the present testimony pursuant to s 17 Evidence Act 1977 – whether allowing the prosecution to call a witness known to be adverse with the motive of attaining otherwise inadmissible evidence is permissible – whether the learned trial judge should have exercised his discretion to exclude the evidence because of its prejudicial effect – whether testimony given by witness was inconsistent with the recorded statement – whether witness should have been cross-examined before the jury in respect of the inconsistent statement
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – VERDICT – ALTERNATIVE VERDICTS – DIRECTION TO JURY – on four counts the jury found that the appellant was guilty of stealing or receiving but unable to decide which – where the maximum penalties for stealing and receiving are the same – consideration of the proper form of verdict for special findings under s 568(8) Criminal Code – whether the subsection is internally inconsistent – whether the learned trial judge erred in failing to comply with s 568(8) Criminal Code
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED – GENERALLY – whether sentence lacked parity with that imposed on co-offender – whether sentence was manifestly excessive
Crimes Act 1900 (NSW), s 121
Criminal Code (Qld), s 568(6), s 568(8), s 631A, s 632A
Evidence Act 1977 (Qld), s 17, s…
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- AGLC
- R v Williams [2000] QCA 409
- Case
- [2000] QCA 409
- Decision Date
CaseChat Overview and Summary
The court held that the trial judge did not err in allowing the prosecution to call the adverse witness and that the evidence was not unduly prejudicial. The court found that the witness's testimony was not inconsistent with the recorded statement, and thus the issue of cross-examining the witness on the recorded statement was not material. Regarding the verdict, the court held that s 568(8) Criminal Code was not internally inconsistent and that the trial judge did not err in the form of the verdict. However, concerning the sentence, the court found that it lacked parity with the sentence imposed on the co-offender and was manifestly excessive.
The appeal against the conviction was dismissed, but the application for leave to appeal against the sentence was granted. The appeal against the sentence was allowed, and the sentence was set aside. In its place, the court imposed a sentence of four years imprisonment.
Orders
Orders of the court
Appeal against conviction dismissed.
Application for leave the appeal against sentence granted. Appeal against sentence allowed. Set aside sentence imposed and impose in lieu a sentence of four years imprisonment.
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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