SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2018 0286
| DARREN BROWN | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | KYROU, NIALL and EMERTON JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 6 February 2020 |
| DATE OF JUDGMENT: | 20 February 2020 |
| MEDIUM NEUTRAL CITATION: | [2020] VSCA 26 |
| JUDGMENT APPEALED FROM: | DPP v Brown (Unreported, County Court of Victoria, Judge Mullaly, 16 November 2018) |
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CRIMINAL LAW – Appeal – Conviction – Recklessly causing injury – Miscarriage of justice – Failure to disclose relevant information – Fresh evidence available since conviction – Prior inconsistent account – Appeal allowed – Whether new trial ordered or judgment of acquittal entered – Criminal Procedure Act 2009 s 277 – Difficulties associated with retrial – Admissibility of evidence of prior acquittals – Judgment of acquittal entered.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant: | Mr M H Thomas | Tony Hargreaves & Partners Lawyers |
| For the Respondent: | Ms M Mahady | Ms A Hogan, Solicitor for Public Prosecutions |
KYROU JA
NIALL JA
EMERTON JA:
Introduction
The applicant was arraigned in the County Court on an indictment containing five charges. The charges related to two occasions on which the applicant was alleged to have assaulted the complainant, with whom he was then in a de facto relationship.
Charges 1 and 2 (intentionally causing injury and alternatively recklessly causing injury, respectively) concerned an allegation that on 9 May 2015 the applicant grabbed the complainant and threw her into a bathroom, causing her to hit her head on the tiles of a shower wall.
Charges 3 and 4 (intentionally causing injury and alternatively recklessly causing injury, respectively) related to an allegation that on a different day (27 March 2016), the applicant had grabbed the complainant’s arms while pushing her into a bedroom and holding her down over a wooden bed end railing, causing bruising to her arms and back. It was alleged that immediately after that incident, the complainant moved to the lounge room where the applicant pushed her and sent her ‘flying’ across the room into a ‘tub’ chair (charge 5 — common law assault).
The applicant was found guilty of charge 4, acquitted on the other charges and, following a plea, was convicted and fined $4,000.
Grounds of appeal
There are two proposed grounds of appeal. The first contends that the prosecution failed to disclose relevant information in its possession. The second is that fresh evidence has become available since the time of conviction which, had it been before the jury, would have led the jury to hold a reasonable doubt as to the applicant’s guilt or would have given rise to a significant possibility that the jury would have held such doubt.
The respondent has properly conceded ground 2, and it is convenient to address it immediately. In light of the respondent’s concession, the applicant did not press ground 1.
Ground 2
In her statement and in evidence at the committal and at trial, the complainant was consistent in her account that the two assaults on 27 March 2016…
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- AGLC
- Brown v The Queen [2020] VSCA 26
- Case
- [2020] VSCA 26
- Decision Date
CaseChat Overview and Summary
The court examined whether the appellant's right to a fair trial was compromised by the non-disclosure of relevant information and whether this failure had any bearing on the outcome of the trial. It also considered the difficulties associated with conducting a retrial, including the potential admissibility of evidence of prior acquittals, and the implications of such evidence under the Criminal Procedure Act 2009. The court concluded that the appellant's conviction should be quashed due to the miscarriage of justice caused by the failure to disclose critical information. Given the difficulties in conducting a retrial and the potential for prejudice, the court opted to enter a judgment of acquittal instead of ordering a new trial.
In light of the findings, the High Court allowed the appeal, quashed the conviction, and entered a judgment of acquittal in favour of the appellant. This decision underscored the importance of fair trial principles and the potential consequences of non-disclosure in criminal proceedings. The court's ruling highlighted the need for strict adherence to disclosure obligations and the consequences that may arise from any failure to do so.
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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