Exercise 016 | Law

Exercise 016

Conspiracy: Dodd v The Queen [2002] WASCA 55 (15 March 2002)

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click here (AustLII link) to view the case

Easy questions

  1. How would you cite the case?
  2. Is this an official report of the case?
  3. In what court was the case held? Where in the court hierarchy does this court sit?
  4. What type of case was it - civil, criminal, appellate, first instance?
  5. Who were the judges?
  6. What were the material facts of the case?
  7. What was the appellant seeking?
  8. What were the applicants seeking?
  9. What is the purpose and authority of the catchwords?
  10. What was the outcome of the case?
  11. Was it a unanimous decision?
  12. Is it possible for the case to be appealed further?
  13. Explain the following terms (using your legal dictionary):
    1. probative
    2. gravamen
    3. conspiracy
    4. circumstantial

More difficult questions

  1. Which of the submissions by counsel for the appellant was focused on in the hearing?
    1. What is the test that Miller J applied to this question?
    2. What were the submissions of counsel for the appellant in relation to this question?
  2. What was Wheeler J's response to the claim that the sentences were excessive given the incompetence of the venture?
  3. How did Miller J respond to the claim by counsel for the appellant that the trial judge had incorrectly admitted evidence under the co-conspirator's rule?
  4. Why did Miller J believe that the trial judge had properly led the jury in relation to evidence of the appellant's possession of methylamphetamine?
  5. What test did Miller J apply to determine that on the whole of the evidence, it was open to the jury to determine that the appellant was guilty?
  6. What were the submissions of counsel for the appellant and counsel for the applicants regarding the sentence?

Complex questions

  1. What cases did Miller J make use of in determining the culpability in the conspiracy of the appellant? Did he follow them, apply, distinguish them?
  2. What do you think of Wheeler J's argument concerning the relevance of the quantity of drug produced?
  3. Can you find a rule this case stands for?