SUPREME COURT OF SOUTH AUSTRALIA
(Court of Appeal: Criminal)
COLSON v THE KING
[2024] SASCA 38
Judgment of the Court of Appeal
(The Honourable President Livesey, the Honourable Justice Doyle and the Honourable Justice Stanley)
28 March 2024
CRIMINAL LAW – APPEAL AGAINST CONVICTION – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED
CRIMINAL LAW – APPEAL – GENERAL PRINCIPLES – FAILURE TO GIVE REASONS - ADEQUACY OF REASONS – ADEQUACY OF REASONING TO SUPPORT VERDICT
CRIMINAL LAW – APPEAL - EVIDENCE – FORENSIC DISADVANTAGE - DELAY
CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – MISCELLANEOUS OFFENCES – FALSE IMPRISONMENT AND UNLAWFUL DETENTION
CRIMINAL LAW – PARTICULAR OFFENCES – PROPERTY OFFENCES – ROBBERY
CRIMINAL LAW – PARTICULAR OFFENCES – SEXUAL OFFENCES – RAPE AND SEXUAL ASSAULT
Following a trial by a Judge alone, the appellant was found guilty of one count of aggravated serious criminal trespass in a place of residence, three counts of false imprisonment, three counts of aggravated procuring sexual intercourse by threats or intimidation, one count of rape, one count of aggravated indecent assault and one count of aggravated robbery.
The appellant applies for leave to appeal his conviction on four grounds. First, that the verdict was unreasonable and cannot be supported having regard to the evidence. Second, that the trial judge’s reasons are inadequate. Third, that the reasoning of the trial judge in relation to intermediate findings of fact do not provide sufficient support for verdicts of guilty beyond reasonable doubt. Fourth, that the trial judge failed to properly assess the evidence in light of the significant forensic disadvantage to the appellant.
Held, per the Court, granting permission to appeal on ground 1 but dismissing ground 1 and refusing permission to appeal on grounds 2, 3 and 4.
1. The trial judge’s verdict was not unreasonable and is supported by the evidence. It was open to the trial judge to be satisfied beyond reasonable doubt that the appellant was guilty by having regard to the evidence as a whole and having excluded as not reasonably open on the evidence the only hypotheses consistent with the innocence of the appellant.
2. The trial judge’s reasons were adequate and the reasoning in relation to intermediate findings of fact provide sufficient support for verdicts of guilty beyond reasonable doubt.
3. The trial judge did not fail to properly assess the evidence in relation to potential forensic disadvantage to the appellant.
4. The Court grants permission to appeal on ground 1, refuses permission to appeal on grounds 2, 3 and 4 and ultimately dismisses the appeal.
Criminal Procedure Act 1921 (SA) s 158(1)(a); Juries Act 1927 (SA) s 7(4); Evidence Act 1929 (SA) s 34CB, s 34P, referred to.
Bates v The King [2023] SASCA 65; Coughlan v The Queen (2020) 267 CLR 654; Dansie v The Queen (2022) 274 CLR 651; Deng v The King [2023] SASCA 35; De Sa v The Queen [2021] SASCFC 22; DL v…
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- [2024] SASCA 38
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CaseChat Overview and Summary
The legal issues before the court were whether the verdict was unreasonable or unsupported by the evidence, and whether the trial judge's reasons adequately supported the verdict. The defence argued that the complainants' descriptions of the offender were inconsistent with the appellant, particularly regarding ethnicity and shoe size. They also highlighted discrepancies in DNA evidence, although the defence ultimately submitted that the prosecution's expert evidence on this point should be preferred.
The Full Court of the Supreme Court of South Australia dismissed the appeal. While granting permission to appeal on the first ground concerning the unreasonableness of the verdict, it ultimately found the verdict to be supportable. The court considered the defence's proposed hypotheses but found that they did not create a reasonable doubt when weighed against the substantial circumstantial evidence presented by the prosecution. The court also addressed the adequacy of the trial judge's reasons, finding them sufficient to support the verdict.
Permission to appeal was granted on the first ground but refused on the remaining grounds. The appeal against conviction was dismissed.
Orders
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Background
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