BLIGHT -v- THE QUEEN [2001] WASCA 122
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2001] WASCA 122 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:164/1999 | 19 APRIL 2000 | |
| Coram: | KENNEDY J WALLWORK J MURRAY J | 20/04/01 | |
| 42 | Judgment 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
- CCA 189 of 1999
- 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…
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- 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.
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
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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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