[2015] TASCCA 14
COURT: SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)
CITATION: Crosswell v Tasmania [2015] TASCCA 14
PARTIES: CROSSWELL, Derek Michael
v
STATE OF TASMANIA
FILE NO 932/2014
DELIVERED ON: 16 June 2015
DELIVERED AT: Hobart
HEARING DATE: 26 May 2015
JUDGMENT OF: Porter, Wood and Pearce JJ
CATCHWORDS:
Criminal Law – Procedure – Juries – Discharge and excusing from attendance – Prejudice to accused – Evidence of police witness that he knew and recognised accused – No miscarriage of justice.
Crofts v The Queen (1996) 186 CLR 427, applied.
Aust Dig Criminal Law [3121]
REPRESENTATION:
Counsel:
Appellant: G Barns
Respondent: L Mason
Solicitors:
Appellant: Leonard Fernandez
Respondent: Acting Director of Public Prosecutions
Judgment Number: [2015] TASCCA 14
Number of paragraphs: 26
Serial No 14/2015
File No 932/2014
DEREK MICHAEL CROSSWELL v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
PORTER J
WOOD J
PEARCE J
16 June 2015
Order of the Court
Appeal dismissed.
Serial No 14/2015
File No 932/2014
DEREK MICHAEL CROSSWELL v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
PORTER J
16 June 2015
I agree with Pearce J.
File No 932/2014
DEREK MICHAEL CROSSWELL v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
WOOD J
16 June 2015
I agree that the appeal should be dismissed for the reasons given by Pearce J.
File No 932/2014
DEREK MICHAEL CROSSWELL v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
PEARCE J
16 June 2015
At about 5am on Saturday 25 May 2013, the York Hotel at Granton was broken into and robbed. The appellant, Derek Michael Crosswell, was found guilty by a jury of aggravated burglary and aggravated armed robbery. Two other men with whom Mr Crosswell was jointly charged, David Coles and Jay Bradford, were also found guilty. The trial was conducted before Tennent J. This is Mr Crosswell's appeal against his conviction. Only one ground is pursued. It asserts a miscarriage of justice as a result of a ruling made by her Honour in the course of the trial not to discharge the jury. The appellant claims that the jury should have been discharged after a police officer gave evidence that he knew the man he saw at 610 Main Road, Granton, which other evidence established was near the robbery and just after it was committed, was "Derek Crosswell". The appellant contends that the jury should have been discharged because the evidence was prejudicial, such prejudice arising from the risk that, because he was known by a police officer, the jury would impermissibly reason that the appellant was a person of bad character or likely to commit criminal offences.
For the following reasons the ground fails and the appeal should be dismissed.
The issue at trial
The issue at trial was whether it was the three accused who were responsible for the robbery. It was the State's case that Mr Bradford drove the appellant and…
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CaseChat Overview and Summary
The central legal issue before the Full Court was whether the admission of this evidence, which the appellant argued was prejudicial, resulted in a miscarriage of justice. The court was required to determine if the trial judge had erred in allowing the evidence to be presented to the jury, and if so, whether that error had fatally undermined the fairness of the trial.
The Full Court reasoned that while the police witness's statement that he knew and recognised the accused might have been undesirable, it did not, in the context of the entire trial, occasion a miscarriage of justice. The court applied the principle that an appeal against conviction will only be allowed if a substantial wrong or miscarriage of justice has actually occurred. In this instance, the court found that the evidence, when viewed against the totality of the evidence presented at trial, did not have such a prejudicial effect as to render the conviction unsafe or unsatisfactory.
Consequently, the appeal was dismissed, and the conviction upheld.
Orders
Orders of the court
Appeal dismissed.
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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