Hart v The Queen

Case [2000] WASCA 103


HART -v- THE QUEEN [2000] WASCA 103



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 103
COURT OF CRIMINAL APPEAL19/04/2000
Case No:CCA:208/19997 MARCH 2000
Coram:KENNEDY J
WALLWORK J
MURRAY J
7/03/00
15Judgment Part:1 of 1
Result: Appeal allowed
Conviction quashed
New trial ordered
PDF Version
Parties:BEVAN JBEZ HART
THE QUEEN

Catchwords:

Criminal law and procedure
Appellant tried for and convicted of offence of doing grievous bodily harm
Case depended upon uncorroborated evidence of accomplice
Witness admitted prior perjury at preliminary hearing and lies told to investigating police
Trial Judge failed to direct jury of danger of conviction, on ground of admitted perjury
Conviction quashed

Legislation:

Nil

Case References:

Bromley v The Queen (1986) 161 CLR 315
Chidiac v The Queen (1991) 171 CLR
Gipp v The Queen (1998) 194 CLR 106
Jones v The Queen (1997) 191 CLR 439
Longman v The Queen (1989) 168 CLR 79
M v The Queen (1994) 181 CLR 487
Melbourne v The Queen (1999) 164 ALR 465

Carr v The Queen (1988) 165 CLR 314
Chamberlain v The Queen (1983) 153 CLR 521
Davies and Cody v The King (1937) 57 CLR 170
Doney v The Queen (1990) 171 CLR 207
Gill v The Queen [1999] WASCA 68
K v The Queen, unreported; CCA SCt of WA; Library No 980276; 22 May 1998
Morris v The Queen (1987) 163 CLR 454
Nguyen v The Queen [1999] WASCA 192
Palmer v The Queen, unreported; CCA SCt of WA; Library No 970263; 21 May 1997
Pollitt v The Queen (1992) 174 CLR 558
R v Dent (1943) 29 Cr App R 120
R v Hart (1914) 10 Cr App R 176
R v Ralph & George (1988) 37 A Crim R 202
Ratten v The Queen (1974) 131 CLR 510
Robinson v The Queen (1995) 13 WAR 451
R v Sutherland [1953] NZLR 676
Whitehorn v The Queen (1983) 152 CLR 657

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : HART -v- THE QUEEN [2000] WASCA 103 CORAM : KENNEDY J
    WALLWORK J
    MURRAY J
HEARD : 7 MARCH 2000 DELIVERED : 7 MARCH 2000 PUBLISHED : 19 APRIL 2000 FILE NO/S : CCA 208 of 1999 BETWEEN : BEVAN JBEZ HART
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Appellant tried for and convicted of offence of doing grievous bodily harm - Case depended upon uncorroborated evidence of accomplice - Witness admitted prior perjury at preliminary hearing and lies told to investigating police - Trial Judge failed to direct jury of danger of conviction, on ground of admitted perjury - Conviction quashed




Legislation:

Nil



(Page 2)

Result:

Appeal allowed


Conviction quashed
New trial ordered

Representation:


Counsel:


    Appellant : Mr E J Myers
    Respondent : Mr D Dempster


Solicitors:

    Appellant : Edward John Myers
    Respondent : State Director of Public Prosecutions


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

Bromley v…

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Hart v The Queen [2000] WASCA 103
Case
[2000] WASCA 103
Decision Date

CaseChat Overview and Summary

In the case of Hart v The Queen, the appellant was convicted of the offence of causing grievous bodily harm with intent. The case hinged on the uncorroborated testimony of an accomplice, who later admitted to perjury and lying to the police. The High Court was tasked with examining whether the trial judge's failure to instruct the jury about the inherent risks of relying on the accomplice's testimony led to a miscarriage of justice. The primary issue before the court was whether the trial judge's omission to direct the jury on the dangers of convicting based on the accomplice's testimony, given the latter's admitted perjury, constituted a significant error that warranted overturning the conviction.

The court considered the trial judge's failure to warn the jury about the risks of convicting on the basis of the accomplice's testimony a critical error. The judge did not provide the necessary direction, despite the accomplice's prior admissions of perjury and dishonesty to the police. This omission was deemed to have deprived the jury of a vital piece of information necessary to properly assess the credibility of the evidence. The court held that such a failure could lead to a miscarriage of justice and that the appellant's conviction was unsafe and unsatisfactory. Consequently, the High Court allowed the appeal, quashed the conviction, and ordered a new trial.

Orders

Orders of the court

Appeal allowed

Conviction quashed

New trial ordered

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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