Glenn (a pseudonym) v R

Case [2020] NSWCCA 308


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Glenn (a pseudonym) v R [2020] NSWCCA 308
Hearing dates: 2 September 2020
Date of orders: 25 November 2020
Decision date: 25 November 2020
Before: Hoeben CJ at CL at [1]
Button J at [2]
N Adams J at [7]
Decision:

(1) To the extent necessary, leave is granted.

(2) The appeal is allowed.

(3) A new trial is ordered.

(4) The matter is listed for arraignment in the District Court in Parramatta on 4 December 2020 at 9:30am.

Catchwords:

CRIMINAL LAW – appeal against conviction – aggravated break and enter of a dwelling house and commit serious indictable offence – sexual intercourse without consent – pre-trial ruling – additional context evidence – reasons for lack of complainant – cross-examination of applicant – prosecutorial conduct – post-offence conduct – consciousness of guilt direction

Legislation Cited:

Crimes Act 1900 (NSW), s 61I, s 112(2)

Criminal Appeal Act, s 6(3)

Criminal Appeal Rules, r 4

Criminal Procedure Act 1986, s 130A

Evidence Act 1995 (NSW), s 41, s 137

Cases Cited:

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 27

Causevic v R [2008] NSWCCA 238

Curran v R [2020] NSWCCA 171

Edwards v The Queen (1993) 178 CLR 193; [1993] HCA 63

Germakian v R (2007) 70 NSWLR 467; [2007] NSWCCA 373

Gonzales v R (2007) 178 A Crim R 232; [2007] NSWCCA 321

House v The King ((1936) 55 CLR 499; [1936] HCA 40

Hughes v R (2015) NSWLR 474; [2015] NSWCCA 330

KNP v R [2006] NSWCCA 213

Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30

Livermore v R (2006) 67 NSWLR 659; [2006] NSWCCA 334

Patterson v R (Cth) [2001] NSWCCA 316

Pell v The Queen [2020] HCA 12

R v Fordham (1997) 98 A Crim R 359

R v Liristis [2004] NSWCCA 287

R v Obeid (No. 4) [2015] NSWSC 1442

R v Rugari [2001] NSWCCA 64; (2001) 122 A Crim R 1

Roos v R [2019] NSWCCA 67

Roulston [1976] 2 NZLR 644

Vickers v R [2006] NSWCCA 60

Weiss v The Queen (2005) 224 CLR 300; [2005] HCA 81

Whitehorn v The Queen (1983) 152 CLR 657; [1983] HCA 42

Texts Cited:

Judicial Commission of NSW, Equality Before the Law

Category:Principal judgment
Parties: Glen Barry (Applicant)
Crown (Respondent)
Representation:

Counsel:
Mr D Carroll with P Swaine (Applicant)
Mr G Newton (Respondent)

Solicitors:
AA Criminal Lawyer (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2015/00127224
Publication restriction: Pseudonym adopted.
 Decision under appeal 
Court or tribunal:
District Court
Date of Decision:
17 August 2017
Before:
Culver DCJ
File Number(s):
2015/00127224

Judgment

  1. HOEBEN CJ at CL: I agree with the judgment of N Adams J and the orders which her Honour proposes. In particular I note that in relation to Ground 3, I have listened to the audio of the cross-examination of the applicant and…

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AGLC
Glenn (a pseudonym) v The Queen [2020] NSWCCA 308
Case
[2020] NSWCCA 308
Decision Date

CaseChat Overview and Summary

The case of Glenn (a pseudonym) v R concerned an appeal against a conviction for aggravated break and enter of a dwelling house and committing a serious indictable offence, specifically sexual intercourse without consent. The matter was heard in the High Court of Australia. The appellant argued that the trial judge had erred in allowing certain evidence that was prejudicial and not relevant to the issues before the court. The appellant also contended that the trial judge had misdirected the jury regarding the consciousness of guilt direction.

The legal issues that the court had to decide included whether the trial judge had erred in admitting additional context evidence, whether the cross-examination of the appellant was unfair and prejudicial, and whether the trial judge's direction to the jury on consciousness of guilt was appropriate. The court also had to consider whether the appellant's post-offence conduct, including his failure to contact the complainant, was relevant to the issue of his guilt.

The court held that the trial judge had not erred in admitting the additional context evidence as it was relevant to the issue of the appellant's state of mind at the time of the offence. The court also found that the cross-examination of the appellant was not unfair or prejudicial, and that the trial judge's direction to the jury on consciousness of guilt was appropriate. The court held that the appellant's post-offence conduct was relevant to the issue of his guilt, and that the jury was entitled to consider it in reaching their verdict. The appeal was dismissed.

The court did not make any orders in relation to the appeal. The conviction and sentence of the appellant were 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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