Barker, T.F. v. The Queen [1994] FCA 1041

Barker, T.F. v. The Queen [1994] FCA 1041

The appeals of Mrs. Harper and Mr. Campbell were dismissed on all grounds, including jury and evidentiary irregularities. For Mr. Barker, the presence of inadmissible and highly prejudicial material in the jury room during deliberations was a miscarriage of justice; as a result, his convictions were set aside and a new trial ordered on each relevant count.

Parties
Appellant: Terence Francis Barker; Appellant: Janice Doreen June Harper; Appellant: Robert George Campbell; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
21 December 1994
Procedural Posture
Criminal Appeal / Appellate Decision
Outcome
Mr. Barker's appeal allowed; convictions set aside and new trial ordered. Appeals of Mrs. Harper and Mr. Campbell dismissed; convictions affirmed.
Legal Topics
Defrauding the Commonwealth, Organised Fraud, Jury Irregularities, Admissibility of Evidence, Trespass to Land
Criminal Law Evidence Procedure—criminal Defrauding the Commonwealth Organised Fraud Jury Irregularities Admissibility of Evidence Trespass to Land

Case Brief

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Parties

Terence Francis Barker

Appellant

Janice Doreen June Harper

Appellant

Robert George Campbell

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appellate Decision

Legal Issues

  1. 1 Whether joinder of counts of public fraud offences and organised fraud was permissible under s.83 Proceeds of Crime Act 1987 (Cth)
  2. 2 Whether evidentiary irregularities and jury exposure to inadmissible/prejudicial material constituted a miscarriage of justice
  3. 3 Whether covertly recorded conversations and tapes were admissible under the Australian Federal Police Act 1979, s.12F and common law principles

Ratio Decidendi

The appeals of Mrs. Harper and Mr. Campbell were dismissed on all grounds, including jury and evidentiary irregularities. For Mr. Barker, the presence of inadmissible and highly prejudicial material in the jury room during deliberations was a miscarriage of justice; as a result, his convictions were set aside and a new trial ordered on each relevant count.

Court Disposition

Mr. Barker's appeal allowed; convictions set aside and new trial ordered. Appeals of Mrs. Harper and Mr. Campbell dismissed; convictions affirmed.

Orders

  • The appeal of Janice Doreen June Harper be dismissed.
  • The appeal of Robert George Campbell be dismissed.