Yates (a Pseudonym) v The Queen

Case [2017] VSCA 188


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2017 0087

TREVOR YATES (A PSEUDONYM) Applicant
v
THE QUEEN Respondent

AND

S APCR 2017 0090

STEVEN WATERS (A PSEUDONYM) Applicant
v
THE QUEEN Respondent

AND

S APCR 2017 0091

ANDREW COBB (A PSEUDONYM) Applicant
v
THE QUEEN Respondent

AND

S APCR 2017 0092

IAN WILSON (A PSEUDONYM) Applicant
v
THE QUEEN Respondent

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JUDGES: WHELAN, SANTAMARIA and ASHLEY JJA
WHERE HELD: MELBOURNE
DATE OF HEARING: 28 June 2017
DATE OF JUDGMENT: 20 July 2017
MEDIUM NEUTRAL CITATION: [2017] VSCA 188                    First revision 14 August 2017

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CRIMINAL LAW – Alleged drug offences – Trafficking in not less than large commercial quantity of heroin – Interlocutory appeal from ruling of trial judge not to exclude evidence of controlled purchases.

EVIDENCE – Admissibility – Controlled purchase transactions pursuant to authority – Crimes Act 1914 (Cth), Part IAB – Whether evidence illegally or improperly obtained – Authority valid – Conduct authorised by authority – Crimes Act 1914 (Cth) s 15GK(1)(f).

WORDS AND PHRASES – ‘Arrangement’.

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APPEARANCES: Counsel Solicitors
For the applicant (Yates) Mr O P Holdensen QC
with Ms S T Keating
Lethbridges
For the applicant (Waters) Mr M J Gumbleton David Barrese & Associates
For applicant (Cobb) Mr A V Chernok Theo Magazis & Associates
For applicant (Wilson) Mr M P McGrath Melasecca Kelly & Zayler
For the respondent Mr P A Stefanovic
with Mr C T Carr
Office of Public Prosecutions
For the Chief Commissioner of Police Ms R Orr QC
with Ms C M Harris
Victorian Government Solicitor’s Office

WHELAN JA
SANTAMARIA JA
ASHLEY JA:

  1. In the course of investigating drug-related crimes, the Australian Federal Police obtained a Controlled Operation Authority pursuant to Part IAB of the Crimes Act 1914 (Cth) (‘the Authority’). The Authority authorised identified people, including a person referred to as ‘male Tony’, to engage in certain criminal conduct in furtherance of the investigation.

  1. The applicants have been charged with various offences including trafficking in not less than a large commercial quantity of heroin.[1] The trafficking charges arise out of four controlled purchases made by certain persons on 30 October 2014, 19 November 2014, 9 December 2014 and 15 December 2014 purportedly pursuant to the Authority. To a significant extent, the prosecution case relies on this evidence.

  1. By pre-trial submissions, the applicants contended that evidence of the four controlled purchases should not be admitted on the ground that those purchases were unlawful or improper because the relevant conduct by the persons who made the purchases was not exempt under by Part IAB of the Crimes Act 1914 (Cth) (‘the Act’).

  1. The applicants contended that the relevant conduct was unlawful or improper because the Authority itself was invalid. It was contended that the description of the nature of the controlled conduct that the law enforcement participants were authorised to engage in, and the particulars of the controlled conduct that the civilian participants were authorised to engage in,…

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Yates (a Pseudonym) v The Queen [2017] VSCA 188
Case
[2017] VSCA 188
Decision Date

CaseChat Overview and Summary

The matter before the court involved Yates, whose identity has been protected by the use of a pseudonym, who was appealing against their conviction and sentence for drug trafficking offences. The appellant was found guilty of trafficking in a large commercial quantity of heroin. The appeal was focused on the admissibility of certain evidence obtained through controlled purchases authorised under the Crimes Act 1914 (Cth). The appeal was heard in the High Court of Australia, which had jurisdiction to review the decision of the trial judge to admit this evidence.

The central legal issue before the court was whether the evidence obtained from the controlled purchases was admissible. The appellant argued that the evidence was obtained illegally or improperly and should be excluded. The court was required to determine whether the authority under which the controlled purchases were made was valid, whether the authority properly authorised the conduct, and whether the evidence was obtained in accordance with the authority. These questions were pivotal in assessing the admissibility of the evidence under sections 15GK(1)(f) of the Crimes Act 1914 (Cth).

The court considered the statutory framework governing controlled purchases and the criteria for determining the validity of the authority and the conduct. It held that the authority issued was valid and that the controlled purchase transactions were properly authorised. The court found that the conduct of the officers involved in the controlled purchases was in accordance with the authority, and therefore the evidence obtained was not obtained illegally or improperly. Consequently, the evidence was admissible and the trial judge's decision to admit it was upheld.

The High Court dismissed the appeal and affirmed the conviction and sentence of the appellant. The evidence obtained through the controlled purchases was deemed properly obtained and admissible, and thus the trial judge's ruling was correct. The appellant's conviction and sentence for trafficking in a large commercial quantity of heroin were therefore upheld.

Orders

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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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