Rawcliffe v The Queen

Case [2000] WASCA 239


RAWCLIFFE -v- THE QUEEN [2000] WASCA 239



(2000) 22 WAR 490
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 239
COURT OF CRIMINAL APPEAL
Case No:CCA:76/200017 JULY 2000
Coram:KENNEDY ACJ
PIDGEON J
MILLER J
31/08/00
28Judgment Part:1 of 1
Result: Appeal against conviction dismissed
Application for leave to appeal against sentence refused
PDF Version
Parties:MICHAEL DAVID RAWCLIFFE
THE QUEEN

Catchwords:

Criminal law and procedure
Application for stay
Whether abuse of process on part of the Crown
Order for separate trials
Prior trial of co-accused
Co-accused claiming that accused had sought to have him take responsibility for possession of methylamphetamine
Crown challenging credibility of co-accused on his trial
Co-accused acquitted and subsequently giving similar evidence for the Crown in the trial of the accused on the basis that he was a credible witness
Responsibilities of counsel for the Crown
Criminal law and procedure
Evidence
Cross-examination by counsel for accused of father of accused who was called as a Crown witness
Cross-examined by accused's counsel on matters not raised in examination-in-chief
Bias in favour of son
Whether Judge has discretion to give counsel for the Crown leave to ask leading questions in re-examination
Criminal law and procedure
Sentencing
Refusal of trial Judge to order parole
Whether Judge erred in refusing order

Legislation:

Evidence Act 1906, s 20, s 21, s 22
Sentencing Act 1995, s 89(2)

Case References:

Bastin v Carew (1824) Ry & Mood 126; 171 ER 966
Clarke v Saffery (1824) Ry & Mood 126 at 126; 171 ER 966 at 966
Cushing v R [1977] WAR 7
Darwell (1997) 94 A Crim R 35
Gordon v Carroll (1975) 6 ALR 579
Ireland v Taylor [1949] 1 KB 300
Lowndes (1997) 95 A Crim R 516
Lowndes v The Queen (1999) 195 CLR 665
McClure v Mitchell (1974) 6 ALR 471
Mooney v James [1949] VLR 22
Parkin v Moon (1835) 7 C&P 408 at 409; 173 ER 181 at 181 - 182
Price v Manning (1889) 42 Ch D 372
R v Apostolides (1984) 154 CLR 563
R v Chapman (1838) 8 C&P 558 at 559; 173 ER 617 at 617
R v Harman [1985] Crim LR 326
R v Murphy (1837) 8 C&P 297, at 306; 173 ER 502, at 507
R v Neal, Regos & Morgan [1947] ALR 616
R v Thynne [1977] VR 98
Rogers v R (1994) 181 CLR 251
Tedeschi v Singh [1948] WN 134
Thompson v R (1992) 8 WAR 387
Thompson v The Queen (1992) 8 WAR 387
Walton v Gardiner (1993) 177 CLR 378

Armstrong v The Queen, unreported; CCA SCt of WA; Library No 980231; 21 April 1998
R v Bellissimo (1996) 84 A Crim R 465
Cardillo v Taylor [1999] WASCA 166
Dobaj v The Queen [2000] WASCA 7
Forbes v The Queen, unreported; CCA SCt of WA; Library No 950226; 20 February 1995
Histon v The Queen, unreported; SCt of WA;…

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Rawcliffe v The Queen [2000] WASCA 239
Case
[2000] WASCA 239
Decision Date

CaseChat Overview and Summary

In the case of Rawcliffe v The Queen, the appellant faced charges of drug possession and supply, and the case was heard in the High Court of Australia. The appellant, having been acquitted in a prior trial, argued that the Crown had abused the process by challenging the credibility of the co-accused who testified against him, and then using that same co-accused as a credible witness in the appellant's trial. The appellant further argued that the Crown's counsel acted inappropriately by permitting the co-accused to give evidence without properly cross-examining him, and that the trial judge should have allowed the Crown to ask leading questions during re-examination.

The legal issues that the court had to address were whether the Crown's conduct amounted to an abuse of process, and whether the trial judge erred in not allowing leading questions during re-examination. Additionally, the court examined whether the trial judge had erred in refusing to order parole at sentencing. The court considered the conduct of the Crown's counsel, the nature of the evidence presented, and the discretion of the trial judge in sentencing.

The High Court found that there was no abuse of process by the Crown, as the co-accused's testimony was deemed credible and relevant to the appellant's case. The court also ruled that the trial judge did not err in refusing to allow leading questions during re-examination, as the purpose of cross-examination is to test the witness's credibility, which had already been achieved. Furthermore, the court held that the trial judge's refusal to order parole was within his discretion and did not constitute an error.

The appeal against the conviction was dismissed, and the application for leave to appeal against the sentence was refused. The court's decision confirmed the conviction and sentence imposed by the trial judge.

Orders

Orders of the court

Appeal against conviction dismissed

Application for leave to appeal against sentence refused

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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