Ross John McIntyre v The Queen [1982] FCA 297

Ross John McIntyre v The Queen [1982] FCA 297

The absence of proper jury warning concerning the danger of convicting on uncorroborated evidence of accomplices in relation to the conspiracy charge, together with insufficient independent corroboration, constituted a miscarriage of justice requiring quashing that conviction and ordering a new trial. For charges under the Prohibited Drugs Act, sufficient independent corroboration existed such that no miscarriage of justice occurred, so those convictions stand.

Jurisdiction
Australia
Judgment Date
21 December 1982
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed in part
Legal Topics
['conspiracy' 'evidence' 'corroboration' 'miscarriage of Justice' 'judicial Warnings' 'adjournment' 'legal Representation']
['criminal Law'] ['conspiracy' 'evidence' 'corroboration' 'miscarriage of Justice' 'judicial Warnings' 'adjournment' 'legal Representation']

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Was the refusal to grant adjournment after withdrawal of legal representation erroneous?' 'Did the admission of prejudicial and inadmissible evidence result in miscarriage of justice?' 'Did the trial judge adequately warn the jury about the evidence of accomplices/co-conspirators?' 'Was there sufficient corroboration independent of accomplice evidence to sustain a conviction?']

Ratio Decidendi

The absence of proper jury warning concerning the danger of convicting on uncorroborated evidence of accomplices in relation to the conspiracy charge, together with insufficient independent corroboration, constituted a miscarriage of justice requiring quashing that conviction and ordering a new trial. For charges under the Prohibited Drugs Act, sufficient independent corroboration existed such that no miscarriage of justice occurred, so those convictions stand.

Court Disposition

Appeal allowed in part

Orders

  • ['Conviction for conspiracy quashed and new trial ordered' 'Appeal otherwise dismissed']