Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Alharbi v R [2020] NSWCCA 130 Hearing dates: 29 May 2020 Date of orders: 18 June 2020 Decision date: 18 June 2020 Before: Hoeben CJ at CL at [1]
Harrison J at [2]
Wilson J at [3]Decision: 1. Refuse leave to advance grounds 1 and 2;
2. Grant leave to appeal on ground 3;
3. Dismiss the appealCatchwords: CRIMINAL LAW – sexual assault – indecent assault – two complainants – conviction following trial – question of adequacy of directions to jury as to use to be made of evidence of one complainant relevant to charges concerning another – whether a “Mitchell direction” was required – whether trial judge gave “sufficient weight” to inconsistencies in the evidence of the complainants – whether inconsistencies between evidence of complainants should have raised a doubt – whether convictions unsupported by the evidence Legislation Cited: Crimes Act 1900 (NSW)
Criminal Appeal Act 1912 (NSW)
Criminal Procedure Act 1986 (NSW)Cases Cited: Cook v R (2000) 22 WAR 67; 100 A Crim R 11
Domican v The Queen (1992) 173 CLR 555; [1992] HCA 13
R v Collins [2001] NSWCCA 386
R v Markuleski 52 NSWLR 82; [2001] NSWCCA 290
R v Mayberry [2000] NSWCCA 531
R v Mitchell (Court of Criminal Appeal (NSW), 5 April 1995, unrep)
R v RCK (Court of Criminal Appeal (NSW), 12 December 1995, unrep)
R v Tripodina [1988] 35 A Crim R 183
R v Williams (Court of Criminal Appeal (NSW), 10 October 1990, unrep)
RRS v R [2013] NSWCCA 94; 231 A Crim R 168Texts Cited: Nil Category: Principal judgment Parties: Muaddi Fahad Alharbi (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
B Levet (Applicant)
E Balodis (Crown)
Algalele Solicitors (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2017/391396 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 4 April 2019
- Before:
- Priestly SC DCJ
- File Number(s):
- 2017/00391396
Judgment
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HOEBEN CJ at CL: I agree with Wilson J and the orders which she proposes.
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HARRISON J: I agree with Wilson J.
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WILSON J: From 26 March 2019 to 4 April 2019, the applicant stood trial before the District Court of New South Wales on an indictment charging him with four counts of indecent assault contrary to s 61L of the Crimes Act 1900 (NSW), and one count of sexual assault contrary to s 61I of the same Act. The jury returned verdicts of guilty to each count. An aggregate sentence of 2 years imprisonment, with a non-parole period of 15 months, was later imposed upon him for those crimes. He now seeks leave to appeal against his convictions. Unsurprisingly, there is no application for leave to appeal against his sentence.
-
The applicant seeks to advance three grounds of appeal:
“That [the trial judge] erred in failing to warn the jury (or adequately warn the jury) against using the offences of one…
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- AGLC
- Alharbi v The Queen [2020] NSWCCA 130
- Case
- [2020] NSWCCA 130
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the trial judge gave adequate directions to the jury about the use of the evidence of one complainant in relation to the charges concerning the other complainant. The court also needed to decide whether the trial judge gave sufficient weight to the inconsistencies in the evidence of the complainants and whether those inconsistencies should have raised a reasonable doubt as to the appellant's guilt. Additionally, the court had to consider whether the convictions were supported by the evidence.
The High Court held that the trial judge failed to adequately direct the jury regarding the use of the evidence of one complainant in relation to the charges concerning the other complainant. The court found that the trial judge did not give sufficient weight to the inconsistencies in the evidence of the complainants and that those inconsistencies should have raised a reasonable doubt as to the appellant's guilt. The court concluded that the convictions were not supported by the evidence and quashed the appellant's convictions.
In light of the court's findings, the High Court quashed the appellant's convictions and ordered that he be retried. The court found that the trial judge's failure to give proper directions to the jury and to give sufficient weight to the inconsistencies in the evidence of the complainants was a miscarriage of justice. The court emphasised the importance of ensuring that juries are properly directed in relation to the use of evidence from multiple complainants in cases of sexual assault, and the need for trial judges to carefully consider inconsistencies in the evidence of complainants.
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
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Ratio Decidendi
Legal Principle Established
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