| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2023 0148 |
| WILLIAM HAYNES (A PSEUDONYM)[1] | Applicant |
| v | |
| THE KING | Respondent |
[1]To ensure that there is no possibility of identification of the victim of sexual offending, this judgment has been anonymised by the adoption of a pseudonym in place of the applicant’s name.
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| JUDGES: | NIALL, WALKER and MACAULAY JJA |
| WHERE HELD: | Geelong |
| DATE OF HEARING: | 28 August 2024 |
| DATE OF JUDGMENT: | 19 September 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 207 |
| JUDGMENT APPEALED FROM: | DPP v Haynes (County Court of Victoria, Judge Tinney, 30 May 2023) (Conviction) |
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CRIMINAL LAW – Appeal – Conviction – Historical sex offending against child – 20 year delay between alleged offending and trial – Whether judge erred in refusing to give forensic disadvantage direction – No forensic disadvantage due to lack of medical or forensic material – Forensic disadvantage due to inability to explore timing and circumstances of offending, to question witnesses as to whereabouts at time of offending, and intervening death of witness – Forensic disadvantages ‘significant’ when considered cumulatively – Application for leave to appeal granted – Appeal allowed – Convictions set aside and new trial ordered.
Jury Directions Act 2015, ss 12, 14, 38, 39.
Robbins (a pseudonym) v The Queen (2017) 269 A Crim R 244; PT v The Queen [2011] VSCA 43; Slater (a pseudonym) v The Queen [2020] VSCA 270; Greensill v The Queen (2012) 37 VR 257; Pate (a pseudonym) v The Queen (2015) 250 A Crim R 425; Carson (a pseudonym) v The Queen [2019] VSCA 4; Kenny (a pseudonym) v The Queen [2018] VSCA 220; Lucciano (a pseudonym) v The Queen (2021) 287 A Crim R 529, discussed.
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| Counsel | |||
| Applicant: | Mr D Cronin with Mr T Battersby | ||
| Respondent: | Mr RL Gibson KC with Mr R Slattery | ||
Solicitors | |||
| Applicant: | Dribbin & Brown | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
NIALL JA
WALKER JA:
On 30 May 2023, following a trial by jury, the applicant was found guilty of three charges of incest and two charges of indecent act with a child under 16 years of age.[2] The charges concerned allegations of sexual abuse perpetrated by the applicant upon the complainant (‘PB’) between February 2001 and February 2004, when PB was between approximately eight and 10 years of age. The precise dates of the offending were not specified in the indictment. PB first complained about the offending in January 2021, when she told her sister and her aunt about it. She also complained to police in January 2021.
[2]Contrary to s 44(1) of the Crimes Act 1958 and s 47 of the Crimes Act 1958 respectively, as they appeared at the time of the alleged offending.
The applicant was first interviewed by the informant on 20 April 2021. The trial took place in May 2023. His case at trial was that PB was either mistaken or had fabricated the allegations. In the course of the trial the applicant’s counsel…
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- AGLC
- Haynes (a pseudonym) v The King [2024] VSCA 207
- Case
- [2024] VSCA 207
- Decision Date
CaseChat Overview and Summary
The court relied on several precedents, including Robbins v The Queen, PT v The Queen, and Slater (a pseudonym) v The Queen, to establish the principles governing forensic disadvantage directions. The court found that the trial judge's failure to direct the jury on forensic disadvantage was an error that affected the outcome of the trial. The court concluded that the forensic disadvantages in this case were significant enough to warrant a direction to the jury and that the judge's failure to do so constituted a significant error. The court granted leave to appeal, allowed the appeal, and set aside the convictions. The court ordered a new trial, recognising the impact of the forensic disadvantages on Haynes' right to a fair trial. The court did not make any orders regarding costs.
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