SIMMS -v- THE QUEEN [2004] WASCA 237
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2004] WASCA 237 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:219/2002 | 14 JUNE 2004 | |
| Coram: | MURRAY J LE MIERE J JENKINS J | 21/10/04 | |
| 31 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | CAREY SIMMS THE QUEEN |
Catchwords: | Criminal law Conviction for attempted murder Whether trial Judge erred in directing jury about the sequence in which it could consider alternative charges Adequacy of directions on role alcohol consumption could play in the determination of accused's intent Adequacy of directions on drawing inferences against the appellant |
Legislation: | Criminal Code (WA), s 594, s 689(1) |
Case References: | Beresi v The Queen [2004] WASCA 67 Chamberlain v The Queen (No 2) (1983) 153 CLR 521 Hellings v R [2003] WASCA 208 Shepherd v R (1990) 170 CLR 573 Stanton v R (2001) 24 WAR 233 Stanton v R (2003) 198 ALR 41 Viro v The Queen (1976) 141 CLR 88 Wedd v The Queen [2000] WASCA 273 Cutter v The Queen (1997) 143 ALR 498 Hellings v The Queen [2003] WASCA 208 Leary v The Queen [1975] WAR 133 Stanton v The Queen [2001] WASCA 189 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : SIMMS -v- THE QUEEN [2004] WASCA 237 CORAM : MURRAY J
- LE MIERE J
JENKINS J
- Appellant
AND
THE QUEEN
Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram : PULLIN J
File Number : IND 136 of 2002
(Page 2)
Catchwords:
Criminal law - Conviction for attempted murder - Whether trial Judge erred in directing jury about the sequence in which it could consider alternative charges - Adequacy of directions on role alcohol consumption could play in the determination of accused's intent - Adequacy of directions on drawing inferences against the appellant
Legislation:
Criminal Code (WA), s 594, s 689(1)
Result:
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant : Mr S D Freitag
Respondent : Mr S E Stone & Mr D Lima
Solicitors:
Appellant : Legal Aid of Western Australia
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Beresi v The Queen [2004] WASCA 67
Chamberlain v The Queen (No 2) (1983) 153 CLR 521
Hellings v R [2003] WASCA 208
Shepherd v R (1990) 170 CLR 573
Stanton v R (2001) 24 WAR 233
Stanton v R (2003) 198 ALR 41
Viro v The Queen (1976) 141 CLR 88
Wedd v The Queen [2000] WASCA 273
(Page 3)
Case(s) also cited:
Cutter v The Queen (1997) 143 ALR 498
Hellings v The Queen [2003] WASCA 208
Leary v The Queen [1975] WAR 133
Stanton v The Queen [2001] WASCA 189
(Page 4)
1 MURRAY J: I am much obliged to Jenkins J for the…
Continue reading Simms v The Queen
Sign in free to access the full text
Details
- AGLC
- Simms v The Queen [2004] WASCA 237
- Case
- [2004] WASCA 237
- Decision Date
CaseChat Overview and Summary
Simms, the appellant, brought a case before the court, challenging his conviction for attempted murder. The respondent, The Queen, upheld the conviction and sentence imposed by the lower court. The crux of the dispute was whether the trial judge's instructions to the jury regarding the sequence in which they could consider alternative charges were erroneous, and whether the directions on the role of alcohol consumption and the ability to draw inferences against the appellant were adequate.
The legal issues before the court involved an examination of the trial judge's directions to the jury, specifically concerning the consideration of alternative charges. The court had to determine whether the trial judge erred in instructing the jury about the sequence of consideration of these charges and whether the judge adequately informed the jury about the role alcohol consumption might have played in determining the appellant's intent. Furthermore, the court needed to assess the adequacy of the directions on drawing inferences against the appellant.
The court reviewed the trial judge's directions and found that they were not erroneous. It was held that the trial judge's instructions allowed the jury to consider the charges in a logical and fair manner, and that the directions regarding alcohol consumption and inferences were adequate. The court found that the jury was sufficiently informed about the potential impact of alcohol on the appellant's intent and the ability to draw inferences against him. Consequently, the appeal was dismissed, and the conviction and sentence were upheld.
The legal issues before the court involved an examination of the trial judge's directions to the jury, specifically concerning the consideration of alternative charges. The court had to determine whether the trial judge erred in instructing the jury about the sequence of consideration of these charges and whether the judge adequately informed the jury about the role alcohol consumption might have played in determining the appellant's intent. Furthermore, the court needed to assess the adequacy of the directions on drawing inferences against the appellant.
The court reviewed the trial judge's directions and found that they were not erroneous. It was held that the trial judge's instructions allowed the jury to consider the charges in a logical and fair manner, and that the directions regarding alcohol consumption and inferences were adequate. The court found that the jury was sufficiently informed about the potential impact of alcohol on the appellant's intent and the ability to draw inferences against him. Consequently, the appeal was dismissed, and the conviction and sentence were upheld.
Orders
Orders of the court
Appeal dismissed
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.