[2022] TASCCA 6
| COURT: | SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL) |
| CITATION: | Buck v Tasmania [2022] TASCCA 6 |
| PARTIES: | BUCK, Luke David |
| v | |
| STATE OF TASMANIA | |
| FILE NO: | CCA 2350/2020 |
| DELIVERED ON: | 28 April 2022 |
| DELIVERED AT: | Hobart |
| HEARING DATE: | 28 April 2022 |
| JUDGMENT OF: | Estcourt J, Pearce J, Geason J |
| CATCHWORDS: |
Criminal Law – Appeal and new trial – Miscarriage of justice – Particular circumstances not amounting to miscarriage – Misdirection or non-direction –Evidence of witnesses to an assault at odds with the accused's own evidence – A form of Liberato direction given – Further direction given in terms requested by defence counsel – Argued on appeal that the direction was incomplete and inadequate – Overwhelming evidence against the accused as to the single primary fact in issue – No material irregularity in the trial nor significant possibility that the asserted error may have affected the outcome of the trial – Direction to be considered within context of entire summing up – Liberato direction not required as a matter of law – Direction did not result in miscarriage of justice – Relevance of the "proviso" – Appeal dismissed by majority.
Liberato v The Queen (1985) 159 CLR 507; De Silva v The Queen [2019] HCA 48, 268 CLR 57; CAJ v Forsyth [2018] TASSC 17; Douglas v The Queen [2012] HCA 34, 290 ALR 699; Hofer v The Queen [2021] HCA 36, 95 ALJR 937; Tomlinson v The Queen [2022] NSWCCA 16 ; Handlen v The Queen [2011] HCA 51, 245 CLR 282;Weiss v The Queen [2005] 224 CLR 300; Cooper v The Queen [2012] 87 ALJR 32;Orreal v The Queen [2021] HCA 44, 395 ALR 630, referred to.
Aust Dig Criminal Law [3470]
REPRESENTATION:
Counsel:
Appellant: F Cangelosi Respondent: D Coates SC
Solicitors:
Appellant: Logan & Partners Respondent: Director of Public Prosecutions
| Judgment Number: | [2022] TASCCA 6 |
| Number of paragraphs: | 63 |
Serial No 6/2022
File No CCA 2350/2020
LUKE DAVID BUCK v STATE OF TASMANIA
| REASONS FOR JUDGMENT | COURT OF CRIMINAL APPEAL ESTCOURT J PEARCE J GEASON J (Dissenting in part) 28 April 2022 |
| Orders of the Court: | |
| Appeal dismissed. |
Serial No 6/2022
File No CCA 2350/2020
LUKE DAVID BUCK v STATE OF TASMANIA
| REASONS FOR JUDGMENT | COURT OF CRIMINAL APPEAL ESTCOURT J 28 April 2022 |
| The appeal |
1 The appellant Luke David Buck, was convicted on 22 November 2019, following a trial on a charge of aggravated assault contrary to s 183 of the Criminal Code 1924 and s 115 the Firearms Act 1996.
2 Following amendments to the notice of appeal made at the commencement and conclusion of the hearing of the appeal the appellant appealed against his conviction on a miscarriage of justice basis on the following grounds:
"1 The trial of the appellant miscarried in that the learned trial judge erred in law in failing to direct the jury in accordance…
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CaseChat Overview and Summary
The primary legal issue before the appellate court was whether the trial judge's summing up, which included a direction in the nature of a *Liberato* direction and a further direction requested by the defence, was incomplete and inadequate, thereby leading to a miscarriage of justice. The court was required to assess whether the direction, when considered in the context of the entire summing up, was legally sound and whether there was a significant possibility that any asserted error affected the outcome of the trial.
The majority of the court reasoned that a *Liberato* direction was not a mandatory requirement in law. They found that the direction given, when viewed within the entirety of the summing up, was not erroneous. Given the overwhelming evidence against the accused on the central factual issue, the court concluded that there was no material irregularity in the trial and no significant possibility that the direction complained of had affected the outcome. Consequently, the appeal was dismissed.
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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