SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL
Case Title: | Featherstone v The Queen; Bloxsome v The Queen | |
Citation: | [2020] ACTCA 33 | |
Hearing Dates: | 13–14 May 2020 | |
DecisionDate: | 3 July 2020 | |
Before: | Murrell CJ, Loukas-Karlsson J and Berman AJ | |
Decision: | Verdicts on Counts 8 and 10 quashed. Decision on Bloxsome’s sentence appeal reserved. Remaining grounds of appeal dismissed. See [235]. | |
Catchwords: | APPEAL – CONVICTION – Co-Appellants – Unsafe and unsatisfactory verdicts – unreliability of witnesses – miscarriage of justice – plea in bar – application for separate trial – applications to discharge the jury | |
Legislation Cited: | Criminal Appeal Act 1912 (NSW) s 6(1) | |
Cases Cited: | AH v The Queen [2019] NSWCCA 152 | |
Parties: | Damien Featherstone (Appellant) Rodney Bloxsome (Appellant) The Queen (Respondent) | |
Representation: | Counsel J Purnell SC and J Dempster (Appellant Featherstone) M Jones (Appellant Bloxsome) S Drumgold SC (Respondent) | |
| Solicitors Sharman Robertson Solicitors (Appellant Featherstone) Boxall Legal (Appellant Bloxsome) ACT Director of Public Prosecutions (Respondent) | ||
File Numbers: | AC 19 of 2019; AC 21 of 2019 | |
Decisions under appeal: | Court/Tribunal: Before: Date of Decision: Case Title: Citation: | Supreme Court of the ACT Mossop J 1 April 2019 R v Featherstone; R v Bloxsome (No 2) |
| Court/Tribunal: Before: Date of Decision: Case Title: Citation: | Supreme Court of the ACT Mossop J 15 August 2019 R v Bloxsome | |
THE COURT:
Introduction
These are appeals against conviction by Damien Featherstone and conviction and sentence by Rodney Bloxsome.
Crown case
The Crown case at trial was as follows.
On 26 February 2018 Mr Featherstone was at a house occupied by Mr Diaz in Narrabundah. Also there during the course of events were DT (Mr Featherstone’s wife), NQ (a relative of Mr Featherstone), MX (a friend of Mr Diaz), Mr Dimitrov (an associate of Mr Bloxsome), Mr Russell (Mr Bloxsome’s son), and Mr Bloxsome, who is Mr Featherstone’s uncle.
MX had gone to the house to visit Mr Diaz. She had been dropped off near the premises in a car by four men, one…
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- Case
- [2020] ACTCA 33
- Decision Date
CaseChat Overview and Summary
The Court was required to determine whether the verdicts returned by the jury were unsafe and unsatisfactory, particularly in light of concerns about witness reliability. Further, the Court had to consider whether the trial judge erred in refusing applications for separate trials and in refusing to discharge the jury, and whether these decisions, or other aspects of the trial, resulted in a miscarriage of justice. The Court also considered the appeal against Bloxsome's sentence.
The Court found that the verdicts on Counts 8 and 10 were unsafe and unsatisfactory, quashing the convictions on those counts. However, the Court dismissed the remaining grounds of appeal relating to the other convictions. The decision on Bloxsome's sentence appeal was reserved.
Orders
Orders of the court
Verdicts on Counts 8 and 10 quashed. Decision on Bloxsome’s sentence appeal reserved. Remaining grounds of appeal dismissed. See [235].
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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