SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2018 0145
| EARL JONES | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | BEACH and KYROU JJA and KIDD AJA |
| WHERE HELD: | MELBOURNE |
| DATES OF HEARING: | 16 September 2019 and 3 June 2020 |
| DATE OF JUDGMENT: | 17 June 2020 |
| MEDIUM NEUTRAL CITATION: | [2020] VSCA 160 |
| JUDGMENT APPEALED FROM: | R v Jones (Unreported, 21 February 2018, Supreme Court of Victoria, Justice Hollingworth (Conviction)) |
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CRIMINAL LAW – Appeal – Conviction – Murder – Stabbing – Whether the murder conviction is unreasonable or cannot be supported having regard to the evidence – Consideration of intention to cause really serious injury where knife wounds to thigh – Whether there has been a substantial miscarriage of justice as a result of the admission of CCTV footage – Failure of counsel to object to admission of evidence – Application for leave to appeal refused.
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APPEARANCES: | Counsel | Solicitors |
16 September 2019 | ||
For the Applicant | Mr P Chadwick QC | Ann Valos Criminal Law |
For the Respondent | Mr B Kissane QC with Ms A Ellis | Mr J Cain, Solicitor for Public Prosecutions |
3 June 2020 | ||
| For the Applicant | Mr P Smallwood | Slades & Parsons |
| For the Respondent | Ms A Ellis | Ms A Hogan, Solicitor for Public Prosecutions |
BEACH JA
KYROU JA
KIDD AJA:
On 21 February 2018, the applicant was convicted by a jury of one charge of murder. By their verdict, the jury rejected the lesser alternative charge of manslaughter. On 29 June 2018, the applicant was sentenced to 20 years’ imprisonment, with a non-parole period of 15 years for that offence of murder.
The applicant now seeks leave to appeal against his murder conviction.
Procedural history
This application was first listed before this Court for hearing on 16 September 2019. At that time, the applicant was represented by senior counsel, who had prepared the written case of 25 July 2018. At that time, the applicant pursued a single ground of appeal, namely, that the murder conviction was not reasonable or not supported by the evidence. During this hearing, the applicant asked to speak to the Court directly. The applicant raised further matters with the Court that indicated that he may have wished to pursue other grounds of appeal.
As such, the Court adjourned the hearing to allow the applicant to obtain further legal advice and gave him leave to file a supplementary written case. The applicant having engaged new counsel, filed a supplementary written case on 17 January 2020. This supplementary written case put forward a second ground of appeal, namely, that the admission of CCTV evidence resulted in a substantial miscarriage of justice.
The application was then listed before the same Bench for hearing on 3 June 2020. Different counsel appeared for the applicant at this hearing.
Circumstances of the offending
The applicant and the victim, Stephen Lowry, had known each other for several months, being acquainted because they were both living in boarding houses in St Kilda.
On 1 August 2016, the applicant attended the Balaclava…
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- AGLC
- Earl Jones v The Queen [2020] VSCA 160
- Case
- [2020] VSCA 160
- Decision Date
CaseChat Overview and Summary
The Court reviewed the evidence and arguments presented, including the nature of the injuries inflicted and the circumstances surrounding the stabbing. The Court concluded that the evidence was sufficient to support the jury's finding of intent to cause really serious harm, despite the location of the stab wounds. The Court found that the failure of the appellant's counsel to object to the CCTV footage did not result in a substantial miscarriage of justice. The Court emphasised that the footage did not significantly impact the overall assessment of the evidence and the appellant's culpability.
In light of the reasoning above, the Court found that the murder conviction was neither unreasonable nor unsupported by the evidence. The Court also concluded that there had not been a substantial miscarriage of justice due to the admission of the CCTV footage. Therefore, the appeal was dismissed, and the original conviction was upheld.
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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