Allegretta v The Queen

Case [2003] WASCA 17


ALLEGRETTA -v- THE QUEEN [2003] WASCA 17



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2003] WASCA 17
COURT OF CRIMINAL APPEAL
Case No:CCA:127/20025 DECEMBER 2002
Coram:MALCOLM CJ
MCKECHNIE J
ROBERTS-SMITH J
25/02/03
38Judgment Part:1 of 1
Result: Leave to appeal granted, Appeal allowed
A
PDF Version
Parties:DAMIANO GIUSEPPE ALLEGRETTA
THE QUEEN

Catchwords:

Appeal
Criminal law
Unlawful sexual relationship with girl under 16
Crown relying on five separate sexual acts
Jury to be unanimously agreed on three such acts on different days
Adequacy of trial Judge's directions
Criminal law
One count of unlawful sexual relationship with girl under 16
One count of unlawful sexual penetration without consent
Evidence of uncharged unlawful sexual acts
Whether propensity warning required
Whether separate consideration warning required
Longman direction
Criminal law
Sexual offences
Evidence of recent complaint
Directions on use of

Legislation:

Criminal Code (WA), s 321A

Case References:

Cook [2000] 110 A Crim R 117
Crampton v The Queen (2000) 206 CLR 161
Doggett v The Queen (2001) 182 ALR 1
Emery (1999) 110 A Crim R 221
Gipp v The Queen (1998) 194 CLR 106
Glennon v The Queen (1994) 179 CLR 1
Jones v The Queen (1997) 191 CLR 439
KBT v The Queen (1997) 191 CLR 417
Kilby v The Queen (1973) 129 CLR 650
Longman v The Queen (1989) 168 CLR 79
M v The Queen (1994) 181 CLR 487
Mraz v The Queen (1955) 93 CLR 493
Papakosmas v The Queen (1999) 196 CLR 297
R v BWT (2002) 54 NSWLR 241
R v Johnston (1998) 45 NSWLR 362
Sampson v The Queen [2002] WASCA 222
Schlaefer v The Queen (1984) 37 SASR 207
Suresh v The Queen (1998) 153 ALR 145
Ugle v The Queen (1989) 67 CLR 647
Wilde v The Queen (1988) 164 CLR 365

BRS v The Queen (1997) 191 CLR 275
Director of Public Prosecutions v Boardman [1975] AC 421
Gill v The Queen [1999] WASCA 68
Kailis v The Queen (1999) 21 WAR 100
KRM v The Queen (2001) 206 CLR 221
R v Arundell [1999] 2 VR 228
R v Beserick (1993) 30 NSWLR 510
R v Osborne [1905] 1 KB 551
R v S [1999] 2 Qd R 89
Sutton v The Queen (1984) 152 CLR 528

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : ALLEGRETTA -v- THE QUEEN [2003] WASCA 17 CORAM : MALCOLM CJ
    MCKECHNIE J
    ROBERTS-SMITH J
HEARD : 5 DECEMBER 2002 DELIVERED : 25 FEBRUARY 2003 FILE NO/S : CCA 127 of 2002 BETWEEN : DAMIANO GIUSEPPE ALLEGRETTA
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Appeal - Criminal law - Unlawful sexual relationship with girl under 16 - Crown relying on five separate sexual acts - Jury to be unanimously agreed on three such acts on different days - Adequacy of trial Judge's directions



Criminal law - One count of unlawful sexual relationship with girl under…

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Details
AGLC
Allegretta v The Queen [2003] WASCA 17
Case
[2003] WASCA 17
Decision Date

CaseChat Overview and Summary

The appeal before the court involved the appellant, Allegretta, who was convicted on two counts: one of unlawful sexual relationship with a girl under 16 years old, and another of unlawful sexual penetration without consent. The prosecution relied on five separate sexual acts to substantiate these charges. The jury was directed to reach a unanimous decision on three of these acts, each occurring on different days. The appellant challenged the adequacy of the trial judge's directions to the jury, particularly concerning the requirement for unanimity on the specific acts constituting the charges. The court was required to assess whether the trial judge provided sufficient guidance to ensure the jury's verdict was based on a unanimous agreement regarding the specific acts.

The court found that the trial judge's directions did not adequately address the necessity for the jury to be unanimous on the specific acts that constituted the charges. The judge's directions did not clarify that the jury had to be unanimous on which three acts they believed to have occurred on different days, which was essential for a valid conviction. This inadequacy in the trial judge's directions led to an unfair trial, as the jury's verdict might not have been based on a unanimous agreement on the specific acts. Additionally, the court considered whether the evidence of uncharged unlawful sexual acts required a propensity warning and whether a separate consideration warning was necessary. The court concluded that the trial judge's directions on these points were insufficient, contributing to the overall unfairness of the trial.

The court granted leave to appeal and allowed the appeal, finding that the trial judge's inadequate directions to the jury regarding the requirement for unanimity on the specific acts constituted a significant error. This error compromised the fairness of the trial, necessitating the quashing of the convictions. The court's decision underscored the importance of clear and precise directions to the jury in criminal trials, particularly in cases involving multiple acts that must be unanimously agreed upon. The final orders of the court included granting leave to appeal, allowing the appeal, and quashing the convictions. The case was remitted for a retrial, ensuring that the jury would receive appropriate directions in line with legal principles.

Orders

Orders of the court

Leave to appeal granted, Appeal allowed

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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