Bandao v R; Bruce v R

In the case of Bandao v R; Bruce v R, the applicants appealed against their convictions for non-consensual sexual intercourse, specifically five counts against the first applicant and one against the second. The applicants were acquitted of four counts but convicted of one count each. The Crown’s case relied on the establishment of a joint criminal enterprise, with the evidence of the complainant being critical, despite her intoxicated state. A significant issue arose from the use of an unlawfully recorded conversation between a witness and the complainant, which was used in the cross-examination of the complainant. Furthermore, the Crown provided a copy of this recorded conversation to the complainant during her cross-examination, raising concerns about the fairness of the trial.

The court had to decide whether the Crown's conduct led to a substantial miscarriage of justice, whether the failure to discharge the jury resulted in a substantial miscarriage of justice, and whether the trial judge erred in not granting a permanent stay of proceedings. Additionally, the court needed to determine if the jury’s verdict was unreasonable and not supported by the evidence, and whether there was sufficient evidence to establish a joint criminal enterprise. The applicants argued that the use of the unlawfully recorded conversation and the Crown’s conduct during the trial were significant errors that undermined the fairness of the proceedings.

The court found that the Crown's conduct, including the use of the unlawfully recorded conversation, did not cause a substantial miscarriage of justice. The court held that the trial judge did not err in declining to discharge the jury, and that the verdict was not unreasonable. The evidence was deemed sufficient to establish the joint criminal enterprise. Consequently, the appeals were dismissed. The court emphasised the importance of the jury's role in assessing the credibility of witnesses and the sufficiency of the evidence, concluding that the jury’s verdict was properly reached based on the evidence presented.