Carr v The Queen

Case [2000] TASSC 183


[2000] TASSC 183

CITATION:              Carr v R [2000] TASSC 183

PARTIES:  CARR, Dennis Robert
  v
  R

TITLE OF COURT:  COURT OF CRIMINAL APPEAL (TAS)
JURISDICTION:  APPELLATE
FILE NO/S:  CCA 51/2000
DELIVERED ON:  20 December 2000
DELIVERED AT:  Hobart
HEARING DATES:  31 October, 1 November 2000
JUDGMENT OF:  Cox CJ, Slicer and Blow JJ

CATCHWORDS:

Criminal Law - Jurisdiction, practice and procedure - Adjournment, stay of proceedings or order restraining proceedings - Stay of proceedings - Generally - Delay in commencing proceedings - Whether undue prejudice demonstrated.

Jago v District Court of New South Wales (1989) 168 CLR 23, applied.

Aust Dig Criminal Law [702]

Criminal Law - Jurisdiction practice and procedure - Summing-up - Delay before charge - Warning required - Armed robbery.

Longman v R (1989) 168 CLR 79; Crampton v R [2000] HCA 60, applied.
Aust Dig Criminal Law [802]

Criminal Law - Appeal and new trial and inquiry after conviction - Appeal and new trial - Particular grounds - Misdirection and non-direction - General matters - Presentation of defence case and Crown case and review of evidence - New basis for conviction - Not addressed before summing-up.

King v R (1986) 161 CLR 423; R v GAS [1998] 3 VR 862; R v Pureau (1990) 19 NSWLR 372; R v Solomon [1980] 1 NSWLR 321, referred to.
Aust Dig Criminal Law [975]

Criminal Law - Evidence - Evidentiary matters relating to witnesses and accused persons - Identification evidence - Direction to jury - Adequacy of warning - Recognition by person knowing accused.

Domican v R (1992) 173 CLR 555, applied.
Aust Dig Criminal Law [614]

REPRESENTATION:

Counsel:
             Appellant:  D Ross QC and B Fox
             Respondent:  T J Ellis
Solicitors:
             Appellant:  Trezise Partners
             Respondent:  Director of Public Prosecutions

Judgment Number:  [2000] TASSC 183
Number of Paragraphs:  91

Serial No 183/2000
File No CCA 51/2000

DENNIS ROBERT CARR v THE QUEEN

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

COX CJ
SLICER J
BLOW J
20 December 2000

Orders of the Court:

  1. Appeal allowed.

  1. Conviction quashed.

  1. Order that the appellant be re-tried.

Serial No 183/2000
File No CCA 51/2000

DENNIS ROBERT CARR v THE QUEEN

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

COX CJ
20 December 2000

  1. I have had the advantage of reading in draft form the Reasons for Judgment prepared by Blow J.  With the exception of his reasons in respect of ground 1(b), I am in full agreement with his reasons and conclusions that the appeal should be allowed, the conviction quashed and a new trial ordered.  In respect of ground 1(b), namely the failure to give the type of warning required by Longman v R (1989) 168 CLR 79 and Crampton v R [2000] HCA 60, I have some reservations as to the conclusion that the learned trial judge was in error. Both Longman and Crampton were cases of sexual molestation of young complainants many years prior to trial.  In Longman, however, at 86, Brennan,…

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Carr v The Queen [2000] TASSC 183
Case
[2000] TASSC 183
Decision Date

CaseChat Overview and Summary

Carr sought to appeal his conviction for armed robbery, arguing that the trial judge erred in not staying the proceedings due to an undue delay in bringing the charges and in not adequately directing the jury on the evidence of identification. The appeal was heard in the High Court of Australia. The primary issues for the court were whether the trial judge should have stayed the proceedings due to the delay in commencing them and whether the trial judge gave an adequate direction to the jury about the identification evidence.

The court found that the delay in commencing the proceedings was not so significant as to prejudice the appellant's right to a fair trial. The court held that while there had been a delay, it did not reach the level of undue prejudice necessary to warrant a stay of proceedings. The court also examined the adequacy of the trial judge's direction to the jury regarding the identification evidence. It was determined that the trial judge did not adequately warn the jury about the potential unreliability of the identification evidence, as the person who identified the appellant knew him prior to the offence. This misdirection by the trial judge was significant enough to warrant a new trial.

Consequently, the court allowed the appeal, quashed the conviction, and ordered that the appellant be re-tried. This decision underscores the importance of timely proceedings and the necessity for accurate and complete jury directions, particularly in matters involving identification evidence.

Orders

Orders of the court

Orders of the Court:

1. Appeal allowed.

2. Conviction quashed.

3. Order that the appellant be re-tried.

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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