Graham v R

Case [2000] TASSC 153


[2000] TASSC 153

CITATION:                 Graham v R [2000] TASSC 153

PARTIES:  GRAHAM, Aaron Joe Thomas
  v
  R

TITLE OF COURT:  COURT OF CRIMINAL APPEAL (TAS)
JURISDICTION:  APPELLATE
FILE NO/S:  CCA 132/1999
DELIVERED ON:  2 November 2000
DELIVERED AT:  Hobart
HEARING DATE:  23 August 2000
JUDGMENT OF:  Cox CJ, Underwood and Evans JJ

CATCHWORDS:

Criminal Law - Appeal and new trial and inquiry after conviction - Appeal and new trial - Miscarriage of justice - Misdirection and non-direction - Whether advising jury to examine or analyse doubt as to reasonableness constitutes a misdirection on the standard of proof.

Green v R (1971) 126 CLR 28; R v Wilson & Ors (1986) 42 SASR 203; Krasniqi v R (1993) 61 SASR 366; Krakouer v R (1998) 194 CLR 202, referred to.
Aust Dig Criminal Law [958]

Criminal law - Appeal and new trial and inquiry after conviction - Appeal and new trial - Miscarriage of justice - Misdirection and non-direction - Evidence of alibi - Whether jury should be warned that rejection of alibi does not necessarily lead to an inference of guilt.

R v J (No 2) [1998] 3 VR 602; Zoneff v R (2000) 172 ALR 1; Edwards v R (1993) 178 CLR 193, referred to
Aust Dig Criminal Law [961]

REPRESENTATION:

Counsel:
             Appellant:  O P Holdenson QC
             Respondent:  M A Stoddart
Solicitors:
             Appellant:  Avery Keal
             Respondent:  Director of Public Prosecutions

Judgment  Number:  [2000] TASSC 153
Number of paragraphs:  71

Serial No 153/2000
File No CCA 132/1999

AARON JOE THOMAS GRAHAM v THE QUEEN

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

COX CJ
UNDERWOOD J
EVANS J
2 November 2000

Orders of the Court

  1. Appeal allowed.

  1. Conviction quashed.

  1. Order that the appellant be re-tried.

Serial No 153/2000
File No CCA 132/1999

AARON JOE THOMAS GRAHAM v THE QUEEN

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

COX CJ
2 November 2000

  1. The appellant was convicted of one count of committing an unlawful act intended to cause bodily harm, the particulars being that he:

"… at West Hobart in Tasmania did on or about the 15th day of October 1998 with intent to maim, disable and/or do grievous bodily harm to Stephen Darrell Bannister did (sic) cause actual bodily harm to the said Stephen Darrell Bannister by hitting him to the face with a shovel, breaking his jaw, by hitting him in the back with a shovel and by cutting him on the lower legs causing the achilles tendon of the right leg to be severed and partially severing the achilles tendon of the left leg also causing arterial nerve and tendon damage and by stabbing him to the back of both hands".

  1. The Crown case was that the appellant had gone to Bannister's home in West Hobart on 15 October 1998 at about 11.50am, accompanied by another unnamed man.  James Berry had been visiting Bannister, but left almost immediately after the arrival of the appellant and his companion.  Both Berry and Bannister claimed prior…

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Graham v R [2000] TASSC 153
Case
[2000] TASSC 153
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CaseChat Overview and Summary

The case of Graham v R involved an appeal against conviction by Aaron Joe Thomas Graham of committing an unlawful act intended to cause bodily harm to Stephen Darrell Bannister. The primary issue before the Court of Criminal Appeal was whether the trial judge's directions to the jury regarding the standard of proof, the consequences of finding an alibi false, and the burden of proof constituted errors that warranted a new trial. The appellant contended that the trial judge failed to properly direct the jury on the consequences of rejecting an alibi, the burden of proof, and the standard of proof. The Court found that the trial judge's direction regarding the standard of proof was erroneous as it invited the jury to analyse their doubts, which is impermissible. This error was deemed fundamental and constituted a miscarriage of justice, leading to the conviction being quashed and a new trial ordered. The other grounds of appeal, including the failure to warn the jury against inferring guilt from a false alibi and the adequacy of directions regarding the burden of proof, were not found to be grounds for allowing the appeal.

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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