SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Slipper v Turner |
Citation: | [2015] ACTSC 27 |
Hearing Dates: | 17, 18 December 2014 |
DecisionDate: | 26 February 2015 |
Before: | Burns J |
Decision: | The appeals are upheld and the convictions and penalties imposed by the Magistrate are set aside. Verdicts of not guilty are substituted with respect to each charge. |
Category: | Principal Judgment |
Catchwords: | CRIMINAL LAW – Offences Against Government – Dishonesty Offences – dishonestly cause a risk of loss to a person which is a Commonwealth entity knowing or believing that there is a substantial risk of the loss occurring. APPEAL – Appeals From Magistrates – appeal upheld – convictions and penalties set aside – verdicts of not guilty entered. |
Legislation Cited: | Criminal Code 1995 (Cth) s 135.1 (5) Magistrates Court Act1930 (ACT), s 214 |
Cases Cited: | Chamberlain v R (No 2) (1984) 153 CLR 521 Dyers v R [2002] HCA 45 |
Parties: | Peter Neil Slipper (Appellant) Michael Patrick Turner (Respondent) |
Representation: | Counsel Ms K Weston-Scheuber (Appellant) Ms W Abraham QC (Respondent) |
| Solicitors Harris Wake Solicitors (Appellant) Commonwealth Director of Public Prosecutions (Respondent) | |
File Number: | SCA 70 of 2014 |
Decision under appeal: | Court: ACT Magistrates Court Before: Chief Magistrate Walker Date of Decision: 28 July 2014 Case Title: Michael Patrick Turner v Peter Neil Slipper Court File Numbers: CC13/40001; CC13/40002; CC13/40003 |
Burns J:
On 28 July 2014 the appellant was convicted by a Magistrate of the following offences:
(a)that on 20 January 2010 in the Australian Capital Territory he dishonestly caused a risk of loss to a person, namely the Department of Finance and Deregulation, which is a Commonwealth entity, knowing or believing that there was a substantial risk of the loss occurring (CC13/40001);
(b)that on 12 April 2010 at Canberra in the Australian Capital Territory he dishonestly caused a risk of loss to a person, namely the Department of Finance and Deregulation, which is a Commonwealth entity, knowing or believing that there was a substantial risk of the loss occurring (CC13/40002); and
(c)that on 27 June 2010 at Canberra in the Australian Capital Territory he dishonestly caused a risk of loss to a person, namely the Department of Finance and Deregulation, which is a Commonwealth entity, knowing or believing that there was a substantial risk of the loss occurring (CC13/40003).
Each of these offences is contrary to s 135.1 (5) of the Criminal Code 1995 (Cth), which is in the following terms:
(5)A person is guilty of an offence if:
(a)…
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CaseChat Overview and Summary
The legal issues central to the appeal centred on the interpretation and application of the relevant sections of the Criminal Code Act 1995 (Cth). Specifically, the court had to determine whether the conduct of Mr Slipper met the statutory criteria for the offences, particularly the elements of dishonesty and the requisite knowledge or belief regarding the substantial risk of loss. The appeal also examined the adequacy of the evidence presented to support the convictions. The court had to assess whether the Magistrate's findings were legally sound and whether the appeal court could uphold the convictions based on the evidence and applicable law.
In reviewing the matter, the appeal court found significant issues with the Magistrate's interpretation of the statutory provisions and the application of those provisions to the facts of the case. The court held that the Magistrate had incorrectly applied the legal standards, particularly regarding the elements of dishonesty and the requisite knowledge or belief. The evidence was also found to be insufficient to support the convictions beyond reasonable doubt. Consequently, the appeal court set aside the convictions and penalties imposed by the Magistrate, substituting verdicts of not guilty on each charge. The appeal was thus upheld in its entirety.
Orders
Orders of the court
The appeals are upheld and the convictions and penalties imposed by the Magistrate are set aside. Verdicts of not guilty are substituted with respect to each charge.
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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