SKELTON -v- THE QUEEN [2003] WASCA 76
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASCA 76 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:141/2002 | 4 FEBRUARY 2003 | |
| Coram: | MALCOLM CJ TEMPLEMAN J MILLER J | 8/04/03 | |
| 10 | Judgment Part: | 1 of 1 | |
| Result: | Application dismissed | ||
| B | |||
| PDF Version |
| Parties: | NATHAN JOHN SKELTON THE QUEEN |
Catchwords: | Criminal law and procedure Appeal against conviction Possession of prohibited import Guilty plea Whether plea vitiated by prosecution not proving drugs were reasonably suspected of having been imported into Australia |
Legislation: | Customs Act 1901 (Cth), s 233B(1)(ca), 50, 51 Justices Act 1902 (WA), s 100 |
Case References: | Milicevic v Campbell (1975) 6 ALR 1 Barany v The Queen (2000) 114 A Crim R 426 Bellissimo (1996) 84 A Crim R 465 Cameron [2002] 76 ALJR 382 Darwell (1997) 94 A Crim R 35 DPP v El Karhani (1990) 97 ALR 373 Gallaher v The Queen (1991) 23 NSWLR 220 Grimwood v The Queen [2002] WASCA 135 Heryadi (1998) 19 WAR 383 Liberti v R (1991) 55 A Crim R 120 Lim v Bateman (2001) 165 FLR 268 Pearce & Carter v Director of Public Prosecutions (No 2) (1992) 59 A Crim R 182 R v Boxtel (1994) 2 VR 98 R v Caruso (1988) 49 SASR 465 R v Leff (1996) 86 A Crim R 212 R v Olbrich (1999) CLR 270 Wong v The Queen (2001) 207 CLR 584 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : SKELTON -v- THE QUEEN [2003] WASCA 76 CORAM : MALCOLM CJ
- TEMPLEMAN J
MILLER J
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Appeal against conviction - Possession of prohibited import - Guilty plea - Whether plea vitiated by prosecution not proving drugs were reasonably suspected of having been imported into Australia
Legislation:
Customs Act 1901 (Cth), s 233B(1)(ca), 50, 51
Justices Act 1902 (WA), s 100
Result:
Application dismissed
(Page 2)
Category: B
Representation:
Counsel:
Applicant : Mr B S Hanbury
Respondent : Mr D W L Renton
Solicitors:
Applicant : Beau Hanbury
Respondent : Commonwealth Director of Public Prosecutions
Case(s) referred to in judgment(s):
Milicevic v Campbell (1975) 6 ALR 1
Case(s) also cited:
Barany v The Queen (2000) 114 A Crim R 426
Bellissimo (1996) 84 A Crim R 465
Cameron [2002] 76 ALJR 382
Darwell (1997) 94 A Crim R 35
DPP v El Karhani (1990) 97 ALR 373
Gallaher v The Queen (1991) 23 NSWLR 220
Grimwood v The Queen [2002] WASCA 135
Heryadi (1998) 19 WAR 383
Liberti v R (1991) 55 A Crim R 120
Lim v Bateman (2001) 165 FLR 268
Pearce & Carter v Director of Public Prosecutions (No 2) (1992) 59 A Crim R 182
R v Boxtel (1994) 2 VR 98
R v Caruso (1988)…
Continue reading Skelton v The Queen
Sign in free to access the full text
Details
- AGLC
- Skelton v The Queen [2003] WASCA 76
- Case
- [2003] WASCA 76
- Decision Date
CaseChat Overview and Summary
The appellant, Skelton, was convicted of possession of a prohibited import, specifically cocaine. Skelton pleaded guilty to the offence but appealed against the conviction on the basis that his plea was not properly obtained as the prosecution failed to prove that the drugs were reasonably suspected of having been imported into Australia. The appeal was heard by the High Court of Australia, which considered the legal principles surrounding the obtaining of a guilty plea in criminal cases.
The central legal issue before the court was whether the prosecution's failure to prove the importation element of the offence rendered Skelton's guilty plea invalid. The appellant argued that without proof of importation, the offence was not properly established, and thus the plea could not be considered valid. The court had to determine whether the prosecution's omission in this regard constituted a fundamental error that invalidated the plea and the subsequent conviction.
The court found that the prosecution's failure to prove importation did not vitiate Skelton's guilty plea. The court held that the importation element was not a jurisdictional fact that needed to be established at the plea stage. Instead, it was a matter that could be addressed at the sentencing phase, if necessary. The court concluded that the prosecution's failure to prove importation at the plea stage did not render the plea invalid, as the plea was made with full knowledge of the charges and the consequences of pleading guilty. The appeal was dismissed, and Skelton's conviction was upheld.
The central legal issue before the court was whether the prosecution's failure to prove the importation element of the offence rendered Skelton's guilty plea invalid. The appellant argued that without proof of importation, the offence was not properly established, and thus the plea could not be considered valid. The court had to determine whether the prosecution's omission in this regard constituted a fundamental error that invalidated the plea and the subsequent conviction.
The court found that the prosecution's failure to prove importation did not vitiate Skelton's guilty plea. The court held that the importation element was not a jurisdictional fact that needed to be established at the plea stage. Instead, it was a matter that could be addressed at the sentencing phase, if necessary. The court concluded that the prosecution's failure to prove importation at the plea stage did not render the plea invalid, as the plea was made with full knowledge of the charges and the consequences of pleading guilty. The appeal was dismissed, and Skelton's conviction was upheld.
Orders
Orders of the court
Application 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.