Watson v The Queen (No 2)

Case [2020] ACTCA 30


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

COURT OF APPEAL

Case Title:

Watson v The Queen (No 2)

Citation:

[2020] ACTCA 30

Hearing Date:

21 May 2020

DecisionDate:

22 June 2020

Before:

Elkaim J, Robinson AJ and Crowe AJ

Decision:

See [69]

Catchwords:

CRIMINAL LAW – APPEAL – Conviction – Whether primary judge erred in law in refusing appellant to rely on proposed defences – whether proposed defences tenable in law and fact – whether the primary judge misdirected himself – whether the defendant was forced to enter guilty pleas and did not receive a fair trial

CRIMINAL LAW – APPEAL – Sentence – Manifest excess – recommendation of full-time imprisonment – loss and reversal of onus – breach of trust as aggravating feature – good character

Legislation Cited:

Building Act 2004 (ACT)

Crimes (Sentencing) Act 2005 (ACT) ss 7, 33(1)
Criminal Code 2002 (ACT) ss 300, 326, 328, 347

Human Rights Act 2004 (ACT)
Legislation Act 2001 (ACT) ss 144,160(1), dictionary pt 1

Cases Cited:

Campbell v The Queen [1981] WAR 286
Filippou v The Queen
[2015] HCA 29; 256 CLR 47
Knight v Victoria [2017] HCA 29; 261 CLR 306
Meissner v The Queen (1995) 184 CLR 132

R v Alhassan [2010] ACTSC 84
R v Chiron [1980] 1 NSWLR 218
R v Knight [1989] VR 705
R v Toro-Martinez [2000] NSWCCA 216

Royall v The Queen (1991) 172 CLR 378
Sultan v The Queen [2008] NSWCCA 175

Parties:

Andrew Gregory Watson (Appellant)

The Queen (Respondent)

Representation:

Counsel

J Masters with A Costin (Appellant)

K Lee (Respondent)


Solicitors

Marjason & Marjason Solicitors (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

AC 5 of 2020

Decision under appeal: 

Court:  Supreme Court of the ACT

Before:  Burns J

Date of Decision:          28 January 2020

Case Title:  R v Watson

Citation: [2020] ACTSC 30

THE COURT:

  1. On 26 September 2019, Andrew Gregory Watson (the appellant) pleaded guilty to four counts of using a false document contrary to s 347 of the Criminal Code 2002 (ACT) (the Criminal Code) and four counts of obtaining property by deception contrary to


    s 326 of the Criminal Code. An Agreed Statement of Facts was then tendered for the purposes of sentence. Thereafter, the appellant was sentenced to periods of imprisonment by Burns J (the trial Judge) to which it will be necessary to return to in detail.

  1. By an Amended Notice of Appeal, the appellant appeals against both his convictions for the offences and also against the sentences imposed upon him.

Procedural history

  1. To place the pleas of guilty in their proper context, for the purposes of the conviction appeal, it is necessary to set out some of the procedural history.

  1. Mr Watson entered pleas of not guilty in the Magistrates Court on 14 February 2018 and was committed for trial to the Supreme Court. On 20 August 2018, the Crown filed an indictment containing 8 counts. On 1 April 2019 a jury was empanelled, and preliminary issues were addressed…

Continue reading Watson v The Queen (No 2)

Sign in free to access the full text

Details
AGLC
Watson v The Queen (No 2) [2020] ACTCA 30
Case
[2020] ACTCA 30
Decision Date

CaseChat Overview and Summary

The appellant, Watson, appealed against his conviction and sentence for offences including fraud and obtaining financial advantage by deception. The central dispute concerned whether the primary judge erred in law by refusing to allow the appellant to rely on certain proposed defences, and whether these defences were tenable in law and fact. The appellant also contended that the primary judge misdirected himself and that he was effectively forced to enter guilty pleas, thereby being denied a fair trial. The appeal was heard by Elkaim J, Robinson AJ, and Crowe AJ.

The legal issues before the appellate court included whether the primary judge correctly determined that the proposed defences were not available to the appellant, and whether the refusal to permit reliance on these defences constituted a misdirection or a denial of a fair trial. Furthermore, the court was required to consider whether the sentence imposed was manifestly excessive, particularly in light of the aggravating factor of breach of trust and the appellant's good character.

The court found that the primary judge had correctly assessed the tenability of the proposed defences, concluding that they were not available in law or fact to the appellant. Consequently, the refusal to allow these defences did not amount to a misdirection or a denial of a fair trial. Regarding the sentence, the court determined that while the breach of trust was a significant aggravating factor, the overall sentence was not manifestly excessive when viewed in its entirety. The court therefore dismissed the appeal against conviction and affirmed the sentence imposed.

Orders

Orders of the court

See [69]

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.