Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Hopgood v R [2019] NSWCCA 246 Hearing dates: 19 August 2019 Date of orders: 18 October 2019 Decision date: 18 October 2019 Before: Johnson J at [1]
Price J at [79]
Lonergan J at [80]Decision: Application for an extension of time within which to seek leave to appeal refused.
Catchwords: CRIMINAL LAW – application for an extension of time to seek leave to appeal – Judge alone trial – break and enter dwelling house and commit serious indictable offence – sexual intercourse without consent – whether trial Judge failed to give reasons – whether reasons expressed contradictory explanations – whether verdicts were unreasonable or could not be supported by the evidence – whether verdicts entered were inconsistent where finding of guilt entered on statutory alternative – whether sentence was manifestly excessive – no merit to any ground of appeal – application refused Legislation Cited: Crimes Act 1900
Criminal Appeal Act 1912
Criminal Procedure Act 1986Cases Cited: AK v The Queen (2008) 232 CLR 438; [2008] HCA 8
Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 12
Fleming v The Queen (1998) 197 CLR 250; [1998] HCA 68
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
The Queen v Baden-Clay (2016) 258 CLR 38; [2016] HCA 35Texts Cited: --- Category: Principal judgment Parties: Troy Hopgood (Applicant)
Regina (Respondent)Representation: Counsel:
Mr B Hatfield (Respondent)
Solicitors:
Applicant (In Person)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2016/304943 Publication restriction: --- Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- ---
- Citation:
- ---
- Date of Decision:
- 30 June 2017 (Conviction)
4 August 2017 (Sentence)- Before:
- His Honour Acting Judge Black QC
- File Number(s):
- 2016/304943
Judgment
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JOHNSON J: The Applicant, Troy Hopgood, seeks leave to appeal following a trial before his Honour Acting Judge Black QC at the Lismore District Court in 2017 at which he was convicted of offences of aggravated break and enter and commit a serious indictable offence under s.112(2) Crimes Act 1900 and having sexual intercourse without consent under s.61I(1) Crimes Act 1900.
The Applicant’s Trial
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The Applicant was tried before his Honour Acting Judge Black QC at a Judge-alone trial which commenced on 20 June 2017 with verdicts being returned on 30 June 2017.
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The Applicant had applied to be tried by Judge alone and the Crown consented to that application.
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The counts in the indictment and verdicts were as follows:
Count 1 - Between 18 and 27 August 2016 at Tweed Heads, the Applicant did take and drive the conveyance of the complainant without her consent contrary to s.154A(1)(a) Crimes Act 1900 - verdict of not guilty.
Count 2 - On 2 October 2016 at Tweed Heads, the Applicant did break and enter the dwelling house of the complainant and commit a serious indictable offence, larceny, in circumstances of aggravation, namely knowing that a person…
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- AGLC
- Hopgood v The Queen [2019] NSWCCA 246
- Case
- [2019] NSWCCA 246
- Decision Date
CaseChat Overview and Summary
The High Court examined each of the grounds of appeal raised by the appellant. The court found that the trial judge had indeed given reasons for the verdicts, which were not contradictory. The court also determined that the verdicts were reasonable and supported by the evidence presented during the trial. Furthermore, the court found no inconsistency in the verdicts, as the finding of guilt was based on a statutory alternative. Finally, the court held that the sentence imposed was not manifestly excessive and was within the appropriate range. Given these findings, the court concluded that there was no merit in the grounds of appeal and dismissed the appeal.
The reasoning of the High Court was based on a thorough examination of the trial judge's reasons, the evidence presented at trial, and the applicable legal principles. The court found that the trial judge had provided sufficient reasons for the verdicts and that these reasons were not contradictory. The court also considered the evidence presented at trial and determined that the verdicts were reasonable and supported by the evidence. The court further found no inconsistency in the verdicts, as the finding of guilt was based on a statutory alternative. Finally, the court held that the sentence imposed was not manifestly excessive and was within the appropriate range. As a result, the court dismissed the appeal and refused the application for an extension of time.
In conclusion, the High Court dismissed the appeal and refused the application for an extension of time. The court found that there was no merit in any of the grounds of appeal raised by the appellant and that the trial judge had provided sufficient reasons for the verdicts, which were not contradictory. The court also determined that the verdicts were reasonable and supported by the evidence, that there was no inconsistency in the verdicts, and that the sentence imposed was not manifestly excessive. Consequently, the appeal was dismissed, and the application for an extension of time was refused.
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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