| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2023 0123 |
| DOUGLAS BRIGGS (A PSEUDONYM) | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | BEACH, WALKER and KAYE JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 22 April 2024 |
| DATE OF JUDGMENT: | 1 May 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 80 |
| JUDGMENT APPEALED FROM: | DPP v Briggs (a pseudonym) (Unreported, County Court of Victoria, Judge Smallwood, 31 May 2023 (conviction) 16 June 2023 (sentence)) |
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CRIMINAL LAW – Appeal – Conviction – Charges of sexual offending against a child under 12 years – Directions to jury – Trial judge gave directions on tendency evidence, forensic disadvantage and motive to lie – Whether directions invited the jury to engage in impermissible propensity reasoning – Whether trial judge’s comments undermined directions by judge on forensic disadvantage, delayed complaint and motive to lie – Whether comments by judge undermined credibility of accused – Whether substantial miscarriage of justice occurred – Appeal allowed.
Jury Directions Act 2015, ss 27, 39, 44L, 52; Evidence Act 2008, s 97(1)(a) referred to.
McKell v The Queen (2019) 264 CLR 307, applied – Robbins v The Queen (2017) 269 A Crim R 244; [2017] VSCA 288; Slater v The Queen [2020] VSCA 270; Pell v The Queen [2019] VSCA 186, considered.
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| Counsel | |||
| Applicant: | Mr T Kassimatis KC and Mr C Wareham | ||
| Respondent: | Ms D Piekusis KC | ||
Solicitors | |||
| Applicant: | Pica Criminal Lawyers | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
BEACH JA
WALKER JA
KAYE JA:
The applicant was convicted by the jury empanelled on his trial in the County Court of four charges of sexual assault of a child under 16 years of age (charges 1, 3, 4 and 7), three charges of sexual penetration of a child under 12 years of age (charges 2, 5 and 11), two charges of attempted sexual penetration of a child under 12 years of age (charges 9 and 10), and one charge of sexual activity in the presence of a child under 16 years of age (charge 8). He was acquitted of one charge of sexual assault of a child under 16 years (charge 12). No verdict was delivered on charge 6 (sexual assault of a child under 16 years) which was an alternative to charge 5.
Following a plea made on his behalf, the applicant was sentenced to a total effective sentence of 14 years’ imprisonment with a non-parole period of 10 years.
The applicant originally sought leave to appeal against conviction on six grounds. Following the decision of the High Court in DPP v Roder,[1] the applicant abandoned the second ground. The remaining grounds upon which he seeks leave to appeal are as follows:
(1)A substantial miscarriage of justice occurred because the trial judge directed the jury that, in considering the evidence or uncharged acts or other misconduct, it was open to them to engage in impermissible propensity reasoning.
(3)A substantial miscarriage of justice occurred as a result of the trial judge’s directions…
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- AGLC
- Briggs (a Pseudonym) v The King [2024] VSCA 80
- Case
- [2024] VSCA 80
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the evidence presented in the trial was sufficient to support the appellant's conviction, and whether any procedural errors occurred during the trial that could have affected the outcome. The legal issues also included the application of relevant case law, such as McKell v The Queen, Robbins v The Queen, Slater v The Queen, and Pell v The Queen, to the facts of this case.
In its reasoning, the court examined the evidence presented at the trial and considered the applicable legal principles. The court found that the evidence was sufficient to support the conviction and that no procedural errors had occurred that could have affected the outcome. The court applied the principles from the cited cases to ensure that the trial was conducted fairly and that the appellant's rights were protected. Ultimately, the court upheld the conviction and sentence, finding that the appellant's appeal was without merit.
The final orders of the court were to dismiss the appeal and to affirm the decision of the lower court. The appellant's conviction and sentence were upheld, and the judgment of the High Court confirmed the legal principles applied in the case.
Orders
Orders of the court
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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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