SUPREME COURT OF VICTORIA
COURT OF APPEAL
No S APCR 2008 of 0755
| GREG WILLIAM ANDERSON |
| v |
| THE QUEEN |
---
JUDGES: | WEINBERG, MANDIE and BONGIORNO JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 15 April 2010 | |
DATE OF JUDGMENT: | 7 May 2010 | |
MEDIUM NEUTRAL CITATION: | [2010] VSCA 108 | |
JUDGMENT APPEALED FROM: | R v Anderson (Unreported, County Court of Victoria, Judge Sexton, 5 May 2008) | |
---
CRIMINAL LAW – Applicant convicted of one count of indecent act with a child under 16 and one count of sexual penetration with a child under 16 – Whether verdict of guilty on count involving penetration unsafe or unsatisfactory – Whether aggravating circumstances of count made out – Prosecutor’s remarks in closing address – Whether jury should have been discharged – Admissibility of complaint evidence – Application for leave to appeal against conviction on count of sexual penetration granted – Appeal otherwise dismissed.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Applicant: | Mr P J Doyle | Revill & Papa Lawyers |
| For the Crown: | Mr T Gyorffy | Mr C Hyland, Solicitor for Public Prosecutions |
WEINBERG JA:
After a trial lasting some seven days, the applicant was convicted on 5 May 2008, in the County Court at Melbourne, on one count of wilfully committing an indecent act with a child under the age of 16 (count 1), and one count of taking part in an act of sexual penetration with a child under the age of 16 (count 2). He was acquitted of a third count in which it was alleged that he had committed the offence designated in count 1 in the presence of his own daughter, a child under the age of 16.
The victim of these offences was a young girl, KB, who was aged 11 at the time. The indecent act, which was the subject of count 1, was particularised as the touching of the girl’s vagina. The act of sexual penetration, which was the subject of count 2, was particularised as the introduction of the applicant’s finger into the girl’s vagina.
The applicant was sentenced to two years’ imprisonment on count 1, and four years and six months’ imprisonment on count 2. Both sentences were to be served concurrently. A non-parole period of two years and six months was fixed.
The applicant now seeks leave to appeal against both conviction and sentence.
Circumstances surrounding the offending
On a date unknown, but said to be between 1 and 23 January 2006, KB visited her school friend NA at her home in Narre Warren. The house was occupied, at the time, by the applicant’s wife and seven children. Later that afternoon, KB went home for dinner. She then returned to NA’s home for a sleepover.
That night, KB was sitting in the lounge room watching television. Also present were the applicant, NA, her younger sister, LA, and one of NA’s brothers. The movie they were watching apparently featured naked and partially clothed women dancing. According to KB, she and the other children asked the applicant to change…
Continue reading Anderson v The Queen
Sign in free to access the full text
- AGLC
- Anderson v The Queen [2010] VSCA 108
- Case
- [2010] VSCA 108
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around the sufficiency of the evidence to support the verdict of guilty on the penetration count, the existence of aggravating circumstances, the propriety of the prosecutor’s remarks, and the admissibility of the victim's complaint evidence. The court needed to assess whether the trial judge’s decisions in these respects had any impact on the safety and satisfaction of the jury's verdict. The court also considered whether the trial judge's conduct during the trial warranted the jury being discharged.
The court found that the evidence was sufficient to support the verdict of guilty on the count of sexual penetration, and that the aggravating circumstances were properly established. The court held that the prosecutor’s remarks, while potentially inappropriate, did not prejudice the fairness of the trial to the extent that the jury should have been discharged. However, the court determined that the trial judge erred in admitting the victim's complaint evidence, as it was improperly led and its prejudicial effect outweighed any probative value. This error, though not decisive, contributed to the overall assessment that the verdict on the penetration count was unsafe and unsatisfactory. Consequently, the court granted leave to appeal on the penetration count, but dismissed the appeal in all other respects.
The final orders of the court were to grant leave to appeal against the conviction on the count of sexual penetration with a child under 16, and to dismiss the appeal in all other respects. This decision underscores the importance of ensuring the safety and satisfaction of jury verdicts, and highlights the careful consideration required in the admission of evidence and conduct during criminal trials.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.