New South Wales
Court of Criminal Appeal
CITATION: Higgins v Regina [2007] NSWCCA 56 HEARING DATE(S): 22/02/2007
JUDGMENT DATE:
9 March 2007JUDGMENT OF: Sully J at 1; Bell J at 2; Hoeben J at 3 DECISION: In respect of Ground of Appeal 1 appeal is dismissed.; In respect of Ground of Appeal 2, leave to rely upon that ground is refused. CATCHWORDS: Conviction appeal - evidence - statement made to bank investigators - admissions - whether interview oppressive in terms of s84 Evidence Act 1995 - whether unfairness under s90 of Evidence Act established - application of discretion under s90. - Summing up - whether jury adequately directed as to circumstantial evidence - redirection not asked for at trial. LEGISLATION CITED: Crimes Act 1900
Evidence Act 1995CASES CITED: Em v Regina [2006] NSWCCA 336
Grant v The Queen (1975) 11 ALR 503 at 504
R v Frangulis [2006] NSWCCA 363
R v Higgins [2006] NSWCCA 326
R v Ita (2003) 139 A Crim R 340 at 355-7
R v Swaffield (1998) 192 CLR 159
R v Villa [2005] NSWCCA 4 at [74]
R v Wilson (2005) 62 NSWLR 346 at 352-353
R v Zhang [2000] NSWSC 1099, Simpson J
Shepherd v The Queen (1990) 170 CLR 573 at 578PARTIES: Graham Patrick Higgins - Appellant
Crown - RespondentFILE NUMBER(S): CCA 2006/2680 COUNSEL: C Smith - Applicant
DC Frearson SC/N Noman - CrownSOLICITORS: SE O'Connor - Legal Aid Commission of NSW - Appellant
S Kavanagh - Solicitor for Public Prosecutions - RespondentLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 04/51/0051 LOWER COURT JUDICIAL OFFICER: Black DCJ LOWER COURT DATE OF DECISION: 06/04/2006
2680/2006
Friday 9 March, 2007SULLY J
BELL J
HOEBEN J
1 SULLY J: I agree with Hoeben J.
2 BELL J: I agree with Hoeben J.
3 HOEBEN J: On 13 February 2006 the appellant appeared in the District Court and entered a plea of not guilty to a single count of fraudulently omitting to account contrary to s178A of the Crimes Act 1900. A voir dire took place as to the admissibility of two interviews relied upon by the Crown as admissions. The first was an interview between the appellant and Commonwealth Bank investigators on 8 September 2003 (the bank interview). The second was an interview between the appellant and police on 18 November 2003 (the police interview) that, in part adopted the bank interview. The trial judge ultimately ruled that both interviews were admissible and they were tendered at trial.
4 On 15 February 2006 the appellant was re-arraigned before the jury panel and the trial commenced. The trial judge summed up to the jury on 3 March 2006. That summing up included a direction as to circumstantial evidence. On 6 March the jury returned a verdict of guilty. On 6 April 2006 the trial judge sentenced the appellant to imprisonment for a non-parole period of 1 year and 9 months with a…
Continue reading Higgins v R
Sign in free to access the full text
- AGLC
- Higgins v The Queen [2007] NSWCCA 56
- Case
- [2007] NSWCCA 56
- Decision Date
CaseChat Overview and Summary
The court examined the circumstances under which the statements were obtained and whether they were made under oppressive conditions, which would exclude them under section 84. The court also assessed whether the admission of these statements constituted such unfairness as to render the trial unfair under section 90. In making its decision, the court considered the trial judge's direction to the jury regarding the weight to be given to circumstantial evidence, particularly since the defence did not request a redirection during the trial. The court concluded that the trial judge had adequately directed the jury on the handling of circumstantial evidence.
Ultimately, the court found that the statements were admissible, and there was no unfairness warranting exclusion under section 90. The court also held that the summing up of the trial judge was appropriate, ensuring the jury was adequately directed. As a result, Higgins' appeal was dismissed, and his conviction was upheld.
Orders
Orders of the court
Full text does not contain this section.
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.