GW v The Queen

Case [2015] ACTCA 15


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

GW v The Queen

Citation:

[2015] ACTCA 15

Hearing Date:

5 November 2014

DecisionDate:

24 April 2015

Before:

Murrell CJ, Refshauge and Ross JJ

Decision:

The appeal is allowed. The verdict on Count 3 set aside. A new trial is ordered on Count 3.

Catchwords:

CRIMINAL LAW – Appeal – appeal against conviction – whether verdicts were unreasonable and unsupported by evidence – inconsistent verdicts – unsworn evidence – direction to jury – warning to jury

Legislation Cited:

Court Procedures Rules 2006 (ACT) r 5531

Evidence Act 2011 (ACT) ss 12, 13(1), 13(3), 13(4), 13(5), 13(6), 13(8), 21(1), 21(2), 165(1), 165(2), 165(3), 165(5), 165(6), 165(7), 165A(1), 165A(2), 165A(3)
Evidence (Miscellaneous Provisions) Act 1991 (ACT) s 72
Supreme Court Act 1933 (ACT) ss 37O(2), 37O(3)

Evidence Act 1929 (SA) s 9(4)

Cases Cited:

AS v Regina [2010] NSWCCA 218

BCM v The Queen [2013] HCA 48
Bromley v The Queen (1986) 168 CLR 79
Domican v The Queen (1992) 173 CLR 555
Jones v The Queen (1997) 191 CLR 439
Korres v The Queen [2013] ACTCA 53
M v The Queen (1994) 181 CLR 487
MacKenzie v The Queen (1996) 190 CLR 348
MFA v The Queen (2002) 213 CLR 606
MK v The Queen [2014] NSWCCA 274
Munro v The Queen [2014] ACTCA 11
O’Rafferty v The Queen [2014] ACTCA 35
Papakosmas v The Queen (1999) 196 CLR 297
Peiris v The Queen [2014] NSWCCA 58
Pillay v The Queen [2014] VSCA 249
R v Formhals [2014] 1 WLR 2219
R v Getachew (2012) 248 CLR 22
R v Lomman [2014] SASCFC 55
R v LR (2005) 156 A Crim R 354
R v Markuleski (2001) 52 NSWLR 82
R v Murray (1987) 11 NSWLR 12
R v NEK [2001] NSWCCA 392
R v Starrett (2002) 82 SASR 115
R v Stewart (2001) 52 NSWLR 301
R v Stone (Unreported, Court of Criminal Appeal of England, Devlin J, 13 December 1954)
R v V (1998) 100 A Crim R 488
R v WG (2010) 199 A Crim R 218
Richardson v The Queen [2013] NSWCCA 218
RJ v The Queen (2010) 208 A Crim R 174
SH v The Queen (2012) 83 NSWLR 258
SKA v The Queen (2011) 243 CLR 400
Still v The Queen [2010] NSWCCA 131
The Queen v GJ [No. 1] [2014] ACTSC 108

Youkhanis v The Queen [2014] NSWCCA 220

Parties:

GW (Appellant)

The Queen (Respondent)

Representation:

Counsel

Mr S J Odgers SC with Mr S Gill (Appellant)

Ms M Jones (Respondent)

Solicitors

Kamy Saeedi Law (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

ACTCA 17 of 2014

Decisions under appeal: 

Court:  Supreme Court of the ACT

Before:  Burns J

Date of Decision:         6 August 2013

Case Title:  R v GW

Court File Number:       SCC 55 of 2013

Court:  Supreme Court of the ACT

Before:  Penfold J

Date of Decision:         8 April 2014

Case Title:  R v GW

Citation:  SCC 55…

Continue reading GW v The Queen

Sign in free to access the full text

Details
AGLC
GW v The Queen [2015] ACTCA 15
Case
[2015] ACTCA 15
Decision Date

CaseChat Overview and Summary

GW appealed against a conviction in the Supreme Court of New South Wales. The appeal concerned the reasonableness and evidentiary support for the jury's verdicts, the issue of inconsistent verdicts, and the directions and warnings given to the jury regarding unsworn evidence.

The primary legal issues before the Court of Appeal were whether the verdicts returned by the jury were unreasonable and unsupported by the evidence, and whether the verdicts were demonstrably inconsistent. Further, the court considered whether the directions and warnings provided to the jury concerning the reception and consideration of unsworn evidence were adequate and appropriate.

The Court of Appeal found that the verdicts on certain counts were unreasonable and unsupported by the evidence. It determined that the jury's findings on Count 3 were inconsistent with the evidence presented, leading to a miscarriage of justice. Consequently, the appeal was allowed, the verdict on Count 3 was set aside, and a new trial was ordered specifically for that count.

Orders

Orders of the court

The appeal is allowed. The verdict on Count 3 set aside. A new trial is ordered on Count 3.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.