Walters v The Queen

[2018] ACTCA 1

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Walters v The Queen

Citation:

[2018] ACTCA 1

Hearing Date:

15 February 2018

DecisionDate:

15 February 2018

Reasons Date:

1 March 2018

Before:

Elkaim, Mossop and Wigney JJ

Decision:

1.    Appeal allowed.

2.    Verdict and orders of the Court on 6 April 2017 and 19 May 2017 are set aside.

3.    A verdict of acquittal be entered in relation to the indictment dated 31 May 2016.

4.    The appellant is discharged.

Catchwords:

APPEAL – CRIMINAL LAW – Appeal against conviction and sentence – charge of conspiracy to traffic in controlled drug other than cannabis – whether agreement extended to trafficking – conspirators must be shown to have agreed to supply others or to possess drug with intention to supply others – expectation of on-supply not sufficient – appeal upheld – verdict and order set aside – appellant acquitted

Legislation Cited:

Criminal Code 2002 (ACT), ss 48, 602, 603

Cases Cited:

Ansari v The Queen [2007] NSWCCA 204; 70 NSWLR 89

Chamberlain v The Queen [No 2] (1984) 153 CLR 521
Cranney v The Queen [2017] NSWCCA 234; 325 FLR 173
Davidovic (1990) 51 A Crim R 197
Krakouer v The Queen [1998] HCA 43; 194 CLR 202
Lee (1994) 76 A Crim R 271
Musarri v The Queen [2006] WASCA 92; 32 WAR 19
Palumbo v Western Australia [2014] WASCA 55; 239 A Crim R 297
Thangavelautham v The Queen [2016] NSWCCA 141
R v Deng (1996) 136 FLR 201
R v Orton [1922] VLR 469
R v Walters [2017] ACTSC 77
R v Walters [2017] ACTSC 123
Trudgeon (1988) 39 A Crim R 252
Ramsay v The State of Western Australia [2008] WASCA 17
Richardson v The Queen [2016] ACTCA 63

Western Australia v Marchesi [2005] WASCA; 30 WAR 359

Parties:

Luke Walters (Appellant)

The Queen (Respondent)

Representation:

Counsel

S Whybrow (Appellant)

S Drumgold (Respondent)

Solicitors

Legal Aid ACT (Appellant)

Director of Public Prosecutions (ACT) (Respondent)

File Number:

ACTCA 17 of 2017

Decision under appeal: 

Court/Tribunal:             ACT Supreme Court

Before:  Rangiah J

Date of Decisions:       6 April 2017 (Judgment)

  19 May 2017 (Sentence)

Case Title:  R v Walters

Citations: [2017] ACTSC 77; [2017] ACTSC 123

THE COURT:

Introduction

1. This is an appeal from the conviction and sentence imposed by a single judge of the ACT Supreme Court after a trial conducted by judge alone.  The trial judge convicted the appellant of a single count of conspiracy to traffic in a controlled drug other than cannabis, namely alpha-Pyrrolidinovalerophenon (“a-PVP”).  The trial judge sentenced the appellant to 30 months imprisonment with a non-parole period of

   
   

   15 months.

1. The appellant challenged the conviction as well as the sentence imposed by the trial judge.  In relation to conviction, the grounds of appeal were:

(a)The evidence did not permit a finding beyond reasonable doubt that the appellant had conspired with his co-offender (Silvester-Day) to traffic [a-PVP];

(b)His Honour erred in finding the fact Silvester-Day’s continued…