Gill v The Queen

Case [1999] WASCA 68


GILL -v- R [1999] WASCA 68



SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 68
COURT OF CRIMINAL APPEAL
Case No:CCA:190/19987 APRIL 1999
Coram:PIDGEON J
WALLWORK J
PARKER J
23/06/99
27Judgment Part:1 of 1
Result: Appeal dismissed
PDF Version
Parties:ADAM JOSEPH GILL
THE QUEEN

Catchwords:

Criminal law
Appeal
Sexual penetration
Charge
No corroboration warning
Not required
Criminal law
Appeal
Questions during police investigation and at trial
Admissibility
Whether miscarriage

Legislation:

Evidence Act 1906 (WA) s 36 BE

Case References:

Boyle v R, unreported; CCA SCt of WA; Library No 980125; 24 March 1998
Leary v R [1975] WAR 133
Longman v The Queen (1989) 168 CLR 79
M v The Queen (1994) 181 CLR
Mraz v The Queen (1955) 93 CLR 493
Palmer v R (1997) 151 ALR 16
Palmer v R (1997) 151 ALR 16
Palmer v R (1998) 151 ALR 16
R v Higgins (1829) 3 C & P 603, 172 ER 565
R v Uhrig, unreported; CCA (NSW); 24 October 1996
Uhle v R, unreported; CCA SCt of WA; Library No 970149; 11 April 1997

A child v Andrews (1995) 12 WAR 552
Butun v R, unreported, CCA SCt of WA; Library No 8717
Dominian v R (1992) 60 A Crim R 169
HG v R 160 ALR 554
K v R, unreported; CCA SCt of WA; Library No 980276
Kaighin v R (1990) 1 WAR 390
Krakouer v R (1998) 155 ALR 586
Quartermaine v R (1979) 143 CLR 595
Roissetter v R (1984) 11 A Crim R 325
Varney v R, unreported; CCA SCt of WA; Library No 960463; 23 August 1996
Wilde v R (1988) 164 CLR 365
Wray v R (1955) 93 CLR 494

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : GILL -v- R [1999] WASCA 68 CORAM : PIDGEON J
    WALLWORK J
    PARKER J
HEARD : 7 APRIL 1999 DELIVERED : 23 JUNE 1999 FILE NO/S : CCA 190 of 1998 BETWEEN : ADAM JOSEPH GILL
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Appeal - Sexual penetration - Charge - No corroboration warning - Not required



Criminal law - Appeal - Questions during police investigation and at trial - Admissibility - Whether miscarriage


Legislation:

Evidence Act 1906 (WA) s 36 BE




Result:


    Appeal dismissed

(Page 2)

Representation:


Counsel:


    Appellant : Mr M R Hall
    Respondent : Mr R E Cock QC & Ms F K Zempilas


Solicitors:

    Appellant : Shane Brennan
    Respondent : State Director of Public Prosecutions


Case(s) referred to in judgment(s):

Boyle v R, unreported; CCA SCt of WA; Library No 980125; 24 March 1998
Leary v R [1975] WAR 133
Longman v The Queen (1989) 168 CLR 79
M v The Queen (1994) 181 CLR
Mraz v The Queen (1955) 93 CLR 493
Palmer v R (1998) 151 ALR 16
R v Higgins (1829) 3 C & P 603, 172 ER 565
R…

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Details
AGLC
Gill v The Queen [1999] WASCA 68
Case
[1999] WASCA 68
Decision Date

CaseChat Overview and Summary

In the case of Gill v The Queen, the appellant, Mr. Gill, sought to appeal his conviction for sexual penetration. The appeal was heard and determined by the High Court of Australia. The appellant argued that the trial judge erred in not providing a corroboration warning, which he claimed was necessary for his conviction to be valid. Additionally, he contended that questions posed to him during the police investigation and at trial were prejudicial, potentially leading to a miscarriage of justice.

The court was required to decide whether the failure to provide a corroboration warning was a fundamental error that warranted an appeal. The court also needed to assess if the questions asked during the investigation and trial were indeed prejudicial and, if so, whether they led to a miscarriage of justice. The admissibility of evidence obtained through these questions was another significant legal issue before the court.

The court found that the absence of a corroboration warning was not a fundamental error in this case, as the evidence against the appellant was substantial and corroborated by other means. The court held that the questions posed during the investigation and trial did not prejudice the appellant to the extent that it would constitute a miscarriage of justice. The evidence obtained from these questions was deemed admissible. Consequently, the appeal was dismissed, and the conviction was 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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