Federal Court of Australia
ee
CATCHWORDS Criminal Law ~ danger of convicting on uncorroborated testimony of accomplice - adequate warning given to jury
~'matters left to jury said to be incapable of providing
corroboration - analysis of that material.
Prohibited Drugs Act 1977-1981 s.5(c).
STEVEN JOHN BROWN: v THE QUEEN
No. NTG 13 of 1983
CORAM: Forster, Sheppard and Neaves JJ.
DATE: 18 November 1983.
Darwin.
WHERE MADE
IN THE FEDERAL COURT OF AUSTRALIA
) NORTHERN TERRITORY DISTRICT REGISTRY ; Appeal No. NTG 13 of 1983 GENERAL DIVISION )
ON APPEAL FROM THE SUPREME COURT
OF THE NORTHERN TERRITORY OF AUSTRALIA
No. 232 of 1983 BETWEEN:
STEVEN JOHN BROWN
Appellant AND: THE QUEEN
Respondent
ORDER
JUDGES MAKING ORDER Forster, Sheppard and Nea&ves JJ.
DATE OF ORDER
26 September, 1983.
Darwin
THE COURT ORDERS THAT : 1. The appeal be allowed.
2. 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.
a
IN THE FEDERAL COURT OF AUSTRALIA ;
NORTHERN TERRITORY DISTRICT REGISTRY ) No. NTG 13 of 1983 ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
No. 232 of 1983
BETWEEN:
STEVEN JOHN BROWN
Appellant AND: THE QUEEN Respondent CORAM: Forster, Sheppard and Neaves JJ. - THE COURT 18 November 1983
REASONS FOR JUDGMENT ~
The appeal in this matter was allowed by us on 26 September last. We ordered that the conviction of the appellant for supplying a prohibited drug contrary to s.5(c) of the Prohibited Drugs Act 1977-1981 be quashed. We made no order for a new trial. When announcing our decision we said that our reasons would be published at a later time.
What follows are our reasons for our decision.
On 12 May last the appellant was arraigned before a
jury on two charges under the above mentioned section. The first offence was alleged to have been committed in or about December 1981 and the second on or about 26 January 1982. The appellant was acquitted of the first charge by direction of the learned trial judge. On 13 May 1983 the jury found him guilty of the second charge. On 22 June 1983 he was sentenced to imprisonment with hard labour for a period of three years. A non parole period of sixteen months was
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