Blight v The Queen

Case [2001] WASCA 122


BLIGHT -v- THE QUEEN [2001] WASCA 122



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 122
COURT OF CRIMINAL APPEAL
Case No:CCA:164/199919 APRIL 2000
Coram:KENNEDY J
WALLWORK J
MURRAY J
20/04/01
42Judgment Part:1 of 1
Result: Applications for leave to appeal against convictions and sentences granted
Conviction on count 11 quashed
Subject thereto appeals against convictions and sentences dismissed
PDF Version
Parties:RAYMOND MICHAEL BLIGHT
THE QUEEN

Catchwords:

Criminal law and procedure
Sexual offences
Directions regarding evidence of relationship
Sufficiency of Longman direction
Late amendment to one count without recalling complainant for further cross-examination
Whether verdicts unsafe and unsatisfactory
Criminal law and procedure
Sentencing
Sexual offences
Effective head sentence of 8 years for 10 offences not set aside as excessive

Legislation:

Nil

Case References:

Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation [1983] 1 NSWLR 1
Browne v Dunn (1894) 6 R 67
Doney v The Queen (1990) 171 CLR 20
Gill v Pace, unreported; FCt SCt of WA; Library No 2196-77; 4 November 1977
Gipp v The Queen (1998) 194 CLR 106
Jarvis v The Queen (1993) 20 WAR 201
Kailis v The Queen (1999) 21 WAR 100
KRM v The Queen [2001] HCA 11
Longman v The Queen (1989) 168 CLR 79
MacKenzie v The Queen (1996) 190 CLR 348
Mancini v Ward, unreported; SCt of WA (Scott J); Library No 970182; 28 April 1997
Morrison v Kiwi Electrix Pty Ltd (1998) 19 WAR 482
R v Apostilides (1984) 154 CLR 563
R v Birks (1990) 19 NSWLR 677
R v BJW (2000) 112 A Crim R 1
R v Davey (1960) 45 Cr App R 11
R v Greenfield (1973) 57 Cr App R 849
R v H (1995) 83 A Crim R 402
R v Jacobs (1993) 2 Qd R 541
R v Udechuku [1982] WAR 21
R v West [1948] 1 KB 709
Tovey v Ferre [1981] WAR 21
Walker v Walker (1937) 57 CLR 630

Forbes v The Queen, unreported; CCA SCt of WA; Library No 950226; 20 February 1995
Gill v The Queen [1999] WASCA 68
Kilby v The Queen (1973) 129 CLR 460
Kilner v The Queen [1999] WASCA 189
King v The Queen (1986) 161 CLR 423
R v Lorkin (1995) 15 WAR 499
Smedley v The Queen, unreported; CCA SCt of WA; Library No 990146; 23 March 1999

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : BLIGHT -v- THE QUEEN [2001] WASCA 122 CORAM : KENNEDY J
    WALLWORK J
    MURRAY J
HEARD : 19 APRIL 2000 DELIVERED : 20 APRIL 2001 FILE NO/S : CCA 164 of 1999
    CCA 189 of 1999
BETWEEN : RAYMOND MICHAEL BLIGHT
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Sexual offences - Directions regarding evidence of relationship - Sufficiency of Longman direction - Late amendment to one count without recalling complainant for further cross-examination - Whether verdicts unsafe…

Continue reading Blight v The Queen

Sign in free to access the full text

Details
AGLC
Blight v The Queen [2001] WASCA 122
Case
[2001] WASCA 122
Decision Date

CaseChat Overview and Summary

In the High Court of Australia, Blight sought leave to appeal against his convictions and sentences arising from a series of sexual offences. The respondent, The Queen, opposed the application. The central issue in this case was whether the trial judge's directions regarding evidence of the relationship between the parties, as well as the handling of late amendments to the charges, were sufficient to ensure a fair trial and whether the sentences imposed were excessive. The court was required to decide whether the trial judge's direction on the evidence of the relationship between the parties and the late amendment to one of the counts were sufficient to ensure a fair trial. The court also needed to determine whether the late amendment to one of the counts, without recalling the complainant for further cross-examination, rendered the verdicts unsafe and unsatisfactory. Additionally, the court was tasked with assessing whether the effective head sentence of eight years for ten offences was excessive.

The court found that the trial judge's direction on the evidence of the relationship between the parties was sufficient, and the late amendment to one of the counts did not render the verdicts unsafe and unsatisfactory. The court also held that the effective head sentence of eight years for ten offences was not excessive. In reaching its decision, the court noted that the trial judge had provided a Longman direction, which was sufficient to address the evidence of the relationship. The court further found that the late amendment to one of the counts did not prejudice the respondent, as the amendment was minor and the evidence presented was largely unchanged. Regarding the sentence, the court held that the trial judge had considered all relevant factors and had not erred in imposing the sentence. The court concluded that the application for leave to appeal against the convictions and sentences should be granted, but the appeal against the convictions and sentences should be dismissed, subject to the quashing of the conviction on count 11.

Orders

Orders of the court

Applications for leave to appeal against convictions and sentences granted

Conviction on count 11 quashed

Subject thereto appeals against convictions and sentences dismissed

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.