SUPREME COURT OF SOUTH AUSTRALIA
(Court of Appeal: Criminal)
EDWARDS v THE KING; PICCININ v THE KING
[2023] SASCA 113
Judgment of the Court of Appeal
(The Honourable Justice Lovell, the Honourable Justice Bleby and the Honourable Justice Kimber)
19 October 2023
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISDIRECTION OR NON-DIRECTION - DIRECTIONS AS TO PARTICULAR MATTERS - OTHER MATTERS
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - IN GENERAL - MISCARRIAGE OF JUSTICE - CIRCUMSTANCES INVOLVING MISCARRIAGE - MISDIRECTION
CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - POWERS OF COURT ON APPEAL - POWER TO ORDER NEW TRIAL OR QUASH CONVICTION AND DIRECT ENTRY OF VERDICT OF ACQUITTAL - WHERE NEW TRIAL ORDERED
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY - OTHER OFFENCES INVOLVING GRIEVOUS BODILY HARM OR SERIOUS INJURY - GENERALLY
Mr Edwards appeals against conviction. Ms Piccinin appeals against both conviction and sentence.
The appellants pleaded not guilty to joint charges of the offence of aggravated causing harm with intent to cause harm contrary to s 24(1) of the Criminal Law Consolidation Act 1935 (SA). Both appellants were convicted following jury verdicts. The primary judge imposed a head sentence on Ms Piccinin of four years and three months with a non-parole period of two years and two months.
The appellants were in a relationship. Ms Piccinin lived next door to the complainant and his family. There was pre-existing tension between the occupants of the two neighbouring houses. On the afternoon of 26 December 2018, there was an altercation between the appellants and the complainant. The prosecution case was that the appellants came through the adjoining side gate between the two properties and Mr Edwards stabbed the complainant. The case against Ms Piccinin was based on principles of joint criminal enterprise. The complainant suffered lacerations to his lip, chin and chest. The aggravated nature of the offending that the jury found proved was that harm to the complainant was caused through the use of an offensive weapon, namely a knife, and was committed whilst the appellants were in the company of one another.
Following the incident, the complainant extracted himself and made a triple-zero call. Ms Piccinin also made a triple-zero call. Police attended at Ms Piccinin’s house where body-worn camera footage was captured of Mr Edwards speaking.
Each appellant made statements in the triple-zero call and the body-worn camera footage respectively, to the effect that the complainant had been the aggressor. The prosecution submitted that certain of those statements were lies and that what they told police was circumstantial evidence that the jury could use in satisfaction of the charged conduct.
Both appellants contended that a miscarriage of justice arose from the primary judge’s failure to give a direction in accordance with the requirements indicated in Edwards v The…
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- Case
- [2023] SASCA 113
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the trial judge had misdirected the jury regarding the treatment of alleged lies told by the appellants to the police. Specifically, the appellants argued that the judge’s directions on this matter were erroneous and had the potential to improperly influence the jury's assessment of their credibility and the overall evidence.
The Court found that the trial judge's directions concerning the alleged lies were indeed problematic and could have significantly impacted the jury's evaluation of the appellants' accounts. Despite acknowledging the strength of the prosecution's evidence, the Court determined that the contest of credibility between the prosecution and the defence was so finely balanced that it could not be certain that guilt had been proven beyond a reasonable doubt, given the misdirection. Consequently, the Court declined to apply the proviso to dismiss the appeal.
The Court granted permission to appeal on the primary ground for both appellants, allowed the appeals, quashed their convictions, and ordered that the charges be remitted for retrial. Ms Piccinin's appeal against sentence was dismissed as it was considered to have no practical utility.
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