Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Adanguidi v R [2024] NSWCCA 82 Hearing dates: 9 May 2023 – 11 May 2023 Date of orders: 14 June 2024 Decision date: 14 June 2024 Before: Garling, Fagan, McNaughton JJ Decision: Appeal dismissed
Catchwords: CRIME – Appeal and Reviews – Referral under Part 7 Crimes (Appeal and Review) Act 2001 – Court’s own motion – Dealt with on appeal.
CRIME – Appeals – Appeal against conviction – Miscarriage of justice – Whether additional psychiatric evidence heard on appeal was fresh evidence or new evidence – Whether a miscarriage of justice occurred due to the absence of the additional psychiatric evidence at the appellant’s trial – Whether such additional evidence is capable of establishing a reasonable doubt about the appellant’s guilt.
CRIME – Appeals – Appeal against sentence – Where three life sentences were imposed – Whether additional psychiatric evidence heard on appeal was fresh evidence or new evidence – Whether a miscarriage of justice occurred due to the absence of the additional psychiatric evidence in the appellant’s sentencing proceedings – Whether such additional evidence, if available to the sentencing Judge, would have resulted in a lesser sentence.
Legislation Cited: Crimes Act 1900
Crimes (Appeal and Review) Act 2001
Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912
Mental Health (Criminal Procedure) Act 1990 (NSW)
Mental Health (Forensic Provisions) Act 1990 (NSW)
Cases Cited: Adanguidi v R [2006] NSWCCA 404; (2006) 167 A Crim R 295
Application by Crespin Adanguidi pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2022] NSWSC 442
EC v R [2023] NSWCCA 66
Lawless v The Queen ; [1979] HCA 49; (1979) 142 CLR 659
Mickelberg v The Queen [1989] HCA 35; (1989) 167 CLR 259;
MRW v R [2011] NSWCCA 260
R v Abou‑Chabake [2004] NSWCCA 356; (2004) 149 A Crim R 417
R v Bikic [2002] NSWCCA 227
R v Harris [2000] NSWCCA 469; (2000) 50 NSWLR 409
R v Merritt [2004] NSWCCA 19; (2004) 59 NSWLR 557
R v Porter [1933] HCA 1; (1933) 55 CLR 182
Ratten v The Queen (1974) 131 CLR 510
R v Crespin Adanguidi [2005] NSWSC 519
Sodeman v R [1936] HCA 75; (1936) 55CLR 192
Xie v R [2021] NSWCCA 1
Texts Cited: Not Applicable
Category: Principal judgment Parties: Crespin Adanguidi (Appellant)
The CrownRepresentation: Counsel:
Solicitors:
B Rigg SC / S De Brennan (Appellant)
G Newton SC / C Akthar (Crown)
Hal Jon Ginges & Company (Appellant)
Solicitor for Public Prosecutions (Crown)
File Number(s): 2003/6089 Publication restriction: Not Applicable Decision under appeal
- Court or tribunal:
- Supreme Court of NSW
- Jurisdiction:
- Common Law Division
- Citation:
- Date of Decision:
- 14 April 2022
- Before:
- Dhanji J
- File Number(s):
- 2003/6089
HEADNOTE
[This headnote is not to be read as part of the judgment]
On 14 April 2005, Crespin Adanguidi (the appellant) was convicted by a jury of three counts of murder, which occurred…
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- AGLC
- Adanguidi v The King [2024] NSWCCA 82
- Case
- [2024] NSWCCA 82
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the additional psychiatric evidence presented during the appeal constituted fresh evidence or new evidence, and whether the absence of this evidence at the trial and sentencing proceedings resulted in a miscarriage of justice. The court also needed to determine whether the additional psychiatric evidence could have established a reasonable doubt about the appellant's guilt, as well as whether it would have led to a lesser sentence had it been available during sentencing.
The court found that the additional psychiatric evidence presented during the appeal was not new evidence but fresh evidence. This distinction was crucial as fresh evidence can be considered in an appeal, whereas new evidence cannot. The court examined the impact of this fresh evidence on the appellant's trial and sentencing proceedings. It concluded that while the fresh evidence did provide insight into the appellant's mental health and capacity, it did not establish a reasonable doubt about his guilt or suggest that a different sentence would have been imposed. Consequently, the appeal against both conviction and sentence was dismissed.
No specific orders were made beyond the dismissal of the appeal against conviction and sentence. The appellant's conviction and the three life sentences imposed remained intact.
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
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Ratio Decidendi
Legal Principle Established
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