Carr v R

Case [2002] TASSC 60


[2002] TASSC 60

CITATION:                 Carr & Ors v R [2002] TASSC 60

PARTIES:  CARR, Mark Anthony
  HAMPTON, Michael John
  PYKE, Tony Allan

WELLS, Reginald Michael
v
R

TITLE OF COURT:  COURT OF CRIMINAL APPEAL (TAS)
JURISDICTION:  APPELLATE

FILE NO/S:  CCA 19/2002

CCA 23/2002
CCA 25/2002
CCA 26/2002

DELIVERED ON:  3 September 2002
DELIVERED AT:  Hobart
HEARING DATES:  11 - 13 June 2002
JUDGMENT OF:  Cox CJ, Underwood and Crawford JJ

CATCHWORDS:

Criminal Law - Evidence - Evidentiary matters relating to witnesses and accused persons - Corroboration - Direction to jury - Adequacy of warning - Generally - Accomplices - Whether necessary to warn of risk of an innocent man being convicted - Whether necessary to direct that Crown could appeal against accomplice's sentence if he did not give evidence in accordance with undertaking - Direction raising question of why would accomplice lie.

R v Stewart (1986) 83 Cr App R 327, referred to.
Palmer v R (1998) 193 CLR 1, explained.
Aust Dig Criminal Law [599]

Criminal Law - Evidence - Evidentiary matters relating to witnesses and accused persons - Corroboration - Direction to jury - Adequacy of warning - Evidence capable of amounting to corroboration - Accomplices - Extent of duty to identify evidence capable of corroborating accomplice - Effect of comments on that evidence.

B v R (1992) 175 CLR 599, applied.
Read v R A69/1993; R v Small (1994) 33 NSWLR 575, referred to.
Aust Dig Criminal Law [600]

Criminal Law - Jurisdiction, practice and procedure - Judgment and punishment - Sentence - Other matters - Tasmania - Non-parole period - Order that no eligibility.

Sentencing Act 1997 (Tas), s17(2).
Gill v R 34/1990; Power v R (1974) 131 CLR 623, referred to.
Aust Dig Criminal Law [911]

Criminal Law - Appeal and new trial and inquiry after conviction - Appeal and new trial - Particular grounds - Conduct of trial judge - Interference by judge in conduct of case - Whether excessive cross-examination of accused - Whether summing up unfair to accused.

Galea v Galea (1990) 19 NSWLR 263; Cleland v R (1982) 151 CLR 1; R v Joyce [1970] SASR 184, referred to.
Aust Dig Criminal Law [1000]

Evidence - Witnesses - Corroboration - Admissions - Conduct - Other conduct - Lies told or adopted by accused - Form of direction to jury - Whether lie an admission.

Criminal Law Interrogation and Detention Act 1995 (Tas), s8(2).
Attorney-General of New South Wales v Martin (1909) 9 CLR 713; R v Arnol (1997) 6 Tas R 374; R v Clark; ex parte Attorney-General [1999] QCA 438, applied.
Aust Dig Evidence [239]

REPRESENTATION:

Counsel:
             Appellant Carr:  D I Ross QC and C J Gibson
             Appellant Hampton:  D F M Zeeman
             Appellant Pyke:  M F Daly
             Appellant Wells:  B Fox
             Respondent:  T J Ellis SC and L A Mason
Solicitors:
             Appellant Carr:  A T Legals
             Appellant Hampton:  Butler McIntyre & Butler
             Appellant Pyke:  E R Henry Wherett & Benjamin

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AGLC
Carr v R [2002] TASSC 60
Case
[2002] TASSC 60
Decision Date

CaseChat Overview and Summary

The four appellants, Mark Anthony Carr, Michael John Hampton, Tony Allan Pyke, and Reginald Michael Wells, appealed against their convictions and sentences for burglary and theft. The Crown case relied on the evidence of Craig Anthony Sherman, the fifth participant in the crimes, who had pleaded guilty and agreed to testify against the appellants in return for a reduced sentence. The appellants argued that the trial judge's directions to the jury concerning the evidence of the accomplice, corroboration, and the lies direction were defective and resulted in a miscarriage of justice. They also claimed that the trial judge's cross-examination of one of the appellants and his summing up were unfair and prejudicial. The appellants appealed against their sentences, arguing that the trial judge erred in ordering that they not be eligible for parole. The Court of Criminal Appeal dismissed all appeals. The Court found that the trial judge's directions to the jury were adequate and did not result in a miscarriage of justice. The Court also found that the trial judge's cross-examination of the appellant and his summing up were fair and did not prejudice the appellants. Finally, the Court found that the trial judge did not err in ordering that the appellants not be eligible for parole, given the nature of the crimes, the appellants' criminal histories, and their lack of remorse.

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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