REGINA v LOWE [2003] NSWCCA 150

REGINA v LOWE [2003] NSWCCA 150

Count 1 did not disclose an offence under New South Wales law because s 322(a) of the Crimes Act 1900, read with s 12(1) of the Interpretation Act 1987, protected witnesses in judicial proceedings in and of New South Wales, and s 3A did not remove the requirement that the proceeding be of New South Wales. The Melbourne Magistrate's Court committal proceedings were in and of Victoria. In any event, s 324 was not engaged because committal proceedings could not result in an acquittal. The challenges to Counts 2-6 failed, and no new trial or reduced sentences on those counts were warranted because the evidence relevant to Count 1 would have been admissible on Counts 3-6 and the sentences...

Jurisdiction
Australia
Judgment Date
02 June 2003
Procedural Posture
Criminal Appeal Against Convictions and Sentences / Court of Criminal Appeal
Outcome
Appeal against conviction on Count 1 allowed; conviction and sentence on Count 1 quashed and judgment of acquittal entered. Appeal against conviction otherwise dismissed. Appellant re-sentenced on Counts 3 and 4; sentences on Counts 2, 5 and 6 confirmed; appeal against sentence otherwise dismissed; release on parole...
Legal Topics
['offences Against the Administration of Justice' 'threatening a Witness' 'territorial Application of New South Wales Criminal Law' 'interpretation Act 1987 S 12(1)' 'crimes Act 1900 S 3 A' 'listening Devices' 'supplying a Prohibited Drug' 'sentencing Appeal']
['criminal Law' 'statutory Interpretation'] ['offences Against the Administration of Justice' 'threatening a Witness' 'territorial Application of New South Wales Criminal Law' 'interpretation Act 1987 S 12(1)' 'crimes Act 1900 S 3 A' 'listening Devices' 'supplying a Prohibited Drug' 'sentencing Appeal']

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Procedural Posture

Criminal Appeal Against Convictions and Sentences / Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether Count 1 disclosed an offence under s 322(a) of the Crimes Act 1900 where the threatened witness was a witness in judicial proceedings in the Melbourne Magistrate's Court." 'Whether s 324 of the Crimes Act 1900 applied where the intended interference concerned committal proceedings that could not result in an acquittal.' "Whether the appellant's sharing of cocaine with the complainant constituted supply under the Drug Misuse and Trafficking Act." "Whether the trial judge's answer to the jury concerning knowledge of audio recording wrongly reversed the onus of proof on Counts 3-6." 'Whether quashing Count 1 required a new trial or lesser sentences on the remaining counts.']

Ratio Decidendi

Count 1 did not disclose an offence under New South Wales law because s 322(a) of the Crimes Act 1900, read with s 12(1) of the Interpretation Act 1987, protected witnesses in judicial proceedings in and of New South Wales, and s 3A did not remove the requirement that the proceeding be of New South Wales. The Melbourne Magistrate's Court committal proceedings were in and of Victoria. In any event, s 324 was not engaged because committal proceedings could not result in an acquittal. The challenges to Counts 2-6 failed, and no new trial or reduced sentences on those counts were warranted because the evidence relevant to Count 1 would have been admissible on Counts 3-6 and the sentences...

Court Disposition

Appeal against conviction on Count 1 allowed; conviction and sentence on Count 1 quashed and judgment of acquittal entered. Appeal against conviction otherwise dismissed. Appellant re-sentenced on Counts 3 and 4; sentences on Counts 2, 5 and 6 confirmed; appeal against sentence otherwise dismissed; release on parole...

Orders

  • ['Appeal against conviction on Count 1 allowed, conviction and sentence on that count quashed, and judgment of acquittal entered.' 'Appeal against conviction otherwise dismissed.' "The appellant is re-sentenced on Counts 3 and 4 to 2 years' imprisonment to commence on 26 June 2002 and expire on 25 June 2004 with a...