Moore v The Queen [1999] FCA 448

FEDERAL COURT OF AUSTRALIA

Moore v The Queen [1999] FCA 448 CRIMINAL LAW - appeal – verdict – whether conviction unsafe and unsatisfactory – extent to which appellate court should examine evidence and summing-up for itself – whether case left to jury as if accused had made admissions – whether questions asked by jury indicated jury went beyond its proper role – whether trial judge adequately instructed jury on these matters – he did. CRIMINAL LAW – appeal – sentence of imprisonment – Crimes Act 1914 (Cth), s 29D – fraud on revenue – failure to disclose income – whether special circumstances required to justify non-custodial sentence – whether sentencing judge took all relevant factors into account – he did. Crimes Act 1914 (Cth), s 29D Crimes Act 1900 (ACT), s 556J Periodic Detention Act 1995 (ACT), s 6(1) Income Tax Assessment Act 1936 Taxation Administration Act 1953 (Cth), s 8ZE Ratten v The Queen (1974) 131 CLR 510 followed Chamberlain v The Queen (1984) 153 CLR 521 followed M v The Queen (1994) 181 CLR 487 followed Hayes v The Queen (1973) 47 ALJR 603 applied Morris v R (1987) 163 CLR 454 discussed, considered Gipp v The Queen [1998] HCA 21; (1998) 155 ALR 15 considered R v Purdon (unreported, 27 March 1997, Court of Criminal Appeal of NSW) cited R v Ruggiero (unreported, 1 December 1998, Court of Criminal Appeal of SA) considered Timothy Christopher Morris (1992) 61 A Crim R 233 considered R v Whitnall (1993) 68 A Crim R 119 considered, discussed The Queen v Cobb [1999] FCA 159 considered ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY PHILLIP JOHN MOORE v THE QUEEN NO AG 73 OF 1998 MILES, MATHEWS AND MADGWICK JJ 15 APRIL 1999 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY AG 73 of 1998

DISTRICT REGISTRY

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY