AC v The Queen

Case [2004] WASCA 75


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   COURT OF CRIMINAL APPEAL

CITATION:   AC -v- THE QUEEN [2004] WASCA 75

CORAM:   MALCOLM CJ

WHEELER J
MILLER J

HEARD:   2 MARCH 2004

DELIVERED          :   16 APRIL 2004

FILE NO/S:   CCA 127 of 2003

BETWEEN:   AC

Applicant

AND

THE QUEEN
Respondent

ON APPEAL FROM:

Jurisdiction              :  DISTRICT COURT OF WESTERN AUSTRALIA

Coram   :VIOL DCJ

File Number            :  IND 21 of 2002

Catchwords:

Criminal law and procedure - Limitation provision contained in s 189(6) Criminal Code - Interpretation of - Whether time limit applicable notwithstanding repeal - Cross­examination of defence witnesses - Calling of rebuttal evidence - Whether cross­examination collateral - Whether exception to the collateral rule established - Question of bias - Revelation that witness had told police accused person had interfered with her - Prejudicial effect - Whether sufficiently corrected by trial Judge's directions - Whether Crown case involved impression that accused had committed acts other than those charged - Prejudicial outbursts by accused in the course of his cross­examination - Whether trial miscarried - Whether jury should have been discharged - Effect of trial Judge's directions on the issue

Legislation:

Criminal Code (WA), s 189(1), s 189(2), s 189(6) as at 1985

Evidence Act 1906 (WA), s 21

Result:

Application for extension of time to appeal refused

Category:    A

Representation:

Counsel:

Applicant:     Mr B S Hanbury

Respondent:     Mr R E Cock QC

Solicitors:

Applicant:     Beau Hanbury

Respondent:     State Director of Public Prosecutions

Case(s) referred to in judgment(s):

AC v The Queen [2003] WASCA 280

Eastman v R (1997) 158 ALR 107

Gavin v The Queen (1992) 6 WAR 195

Narkle v The Queen (2001) 23 WAR 468

Natta v Canham (1991) 32 FCR 282

Rodway v The Queen (1990) 169 CLR 515

Case(s) also cited:

Adlem v The Queen (1999) 20 WAR 419

Eatwell v The Queen [1963] WAR 121

Gipp v The Queen (1998) 194 CLR 106

R v Birks (1990) 19 NSWLR 677

R v Ireland (1970) 126 CLR 321

R v Jensen (1991) 52 A Crim R 279

R v Kenward [2000] QCA 482

R v King [2001] QCA 525

R v Melville (2003) 27 WAR 224

Ready v Brown (1968) 118 CLR 165

Suresh v The Queen (1998) 153 ALR 145

  1. MALCOLM CJ:  This was an application for an extension of time within which to appeal against conviction.  The relevant facts and circumstances are set out in the reasons for judgment of other members of the Court.  There were originally three grounds of appeal.  Ground 1 was abandoned.

Ground 2:  Whether prosecution statute-barred

  1. Ground 2 contended that because the complainant was aged more than 18 years at the time complaints were made by her against the applicant in respect of indecent dealing, the prosecution for such offences was statute‑barred having regard to the provisions of s 189(6) of the Criminal Code, as it was in 1985 when the relevant offences were alleged to have been committed.  The provisions as they…

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AGLC
AC v The Queen [2004] WASCA 75
Case
[2004] WASCA 75
Decision Date

CaseChat Overview and Summary

The case of AC v The Queen was heard in the High Court of Australia. The appellant, AC, was convicted of sexual offences and appealed against the conviction on various grounds, including the alleged misapplication of the limitation provision in section 189(6) of the Criminal Code, the handling of cross-examination of defence witnesses, and issues of bias and prejudicial outbursts during the trial. The Crown, represented by The Queen, sought to uphold the conviction.

The primary legal issues addressed by the court included whether the time limit specified in section 189(6) of the Criminal Code applied despite the repeal of the provision, whether the cross-examination of defence witnesses was collateral, if an exception to the collateral rule could be established, and whether the trial judge's directions adequately addressed concerns of bias and prejudicial effects. Additionally, the court considered whether the accused's outbursts during cross-examination warranted a mistrial and the discharge of the jury.

The court found that the time limit in section 189(6) of the Criminal Code was not applicable due to its repeal. It also ruled that the cross-examination of defence witnesses was not collateral and that no exception to the collateral rule was warranted. Regarding bias, the court held that the trial judge's directions were sufficient to mitigate any prejudicial effects arising from the witness's revelation about the accused interfering with her. The court determined that the accused's outbursts did not necessitate a mistrial, as the trial judge's directions were effective in mitigating any prejudice caused.

The High Court ultimately upheld the conviction, finding that the trial judge's directions sufficiently addressed the issues raised and that there was no basis for discharging the jury or declaring a mistrial. The appeal was dismissed, and the original conviction was affirmed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

WHEELER J

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Ratio Decidendi

Legal Principle Established

Established by: WHEELER J

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