Brown, Steven John v The Queen [1983] FCA 375

Brown, Steven John v The Queen [1983] FCA 375

There was no evidence independently implicating the appellant in the supply of a prohibited drug, and the trial judge's directions may have misled the jury to believe that such corroborative evidence existed. The conviction could not stand and was quashed; no new trial was ordered.

Parties
Appellant: Steven John Brown; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
18 November 1983
Procedural Posture
Criminal Appeal / Appeal From Conviction in Supreme Court of the Northern Territory
Outcome
Appeal allowed; conviction quashed; no order for new trial.
Legal Topics
Corroboration, Accomplice Evidence, Judicial Directions, Drug Offences
Criminal Law Corroboration Accomplice Evidence Judicial Directions Drug Offences

Case Brief

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Parties

Steven John Brown

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction in Supreme Court of the Northern Territory

Legal Issues

  1. 1 Whether there was sufficient corroboration of accomplice evidence for a conviction under s.5(c) of the Prohibited Drugs Act 1977-1981.
  2. 2 Whether the trial judge erred in directing the jury as to what evidence could be considered corroborative.

Ratio Decidendi

There was no evidence independently implicating the appellant in the supply of a prohibited drug, and the trial judge's directions may have misled the jury to believe that such corroborative evidence existed. The conviction could not stand and was quashed; no new trial was ordered.

Court Disposition

Appeal allowed; conviction quashed; no order for new trial.

Orders

  • The appeal be allowed.
  • The conviction of the appellant for supplying a prohibited drug contrary to s.5(c) of the Prohibited Drugs Act 1977-1981 entered on 13 May 1983 be quashed.