Houghton v The Queen

Case [2004] WASCA 20


HOUGHTON -v- THE QUEEN [2004] WASCA 20



(2004) 28 WAR 399
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 20
COURT OF CRIMINAL APPEAL
Case No:CCA:191/20028 & 9 SEPTEMBER 2003
Coram:MURRAY J
STEYTLER J
WHEELER J
12/02/04
40Judgment Part:1 of 1
Result: Leave to appeal granted
Appeal allowed
Conviction quashed and retrial ordered
A
PDF Version
Parties:RONALD HOUGHTON
THE QUEEN

Catchwords:

Criminal law and procedure
Grievous bodily harm
Sexual intercourse between complainant and HIV positive applicant
Whether damage to cells and immune system of complaint constitutes grievous bodily  harm
Sufficiency of directions about expert evidence
Meaning of "unlawfully" in causation of grievous bodily harm
Need to direct on question of a willed act
Need for direction about drawing inferences
Sufficiency of direction about lies as consciousness of guilt
Sufficiency of direction about mistake of fact

Legislation:

Criminal Code (WA)

Case References:

Agnew v The Queen [2003] WASCA 188
Attorney-General's Reference (No 6 of 1980) [1981] QB 715
Azzopardi v The Queen (2001) 205 CLR 50
Boughey v The Queen (1986) 161 CLR 10
Crampton v The Queen (2000) 206 CLR 161
Dyers v The Queen (2002) 210 CLR 285
Edwards v The Queen (1993) 178 CLR 193
Kuczynski v The Queen (1989) 2 WAR 316
Lergesner v Carroll [1991] 1 Qd R 206
Lyons v Smart (1908) 6 CLR 143
R v Clarence (1888) 22 QBD 23
R v Knutsen [1963] Qd R 157
R v Mwai [1995] 3 NZLR 149
R v Phillips (1971) 45 ALJR 467
Shepherd v The Queen (1990) 170 CLR 573
Stuart v The Queen (1974) 134 CLR 426
Vallance v The Queen (1961) 108 CLR 56
Van Den Hoek v The Queen (1986) 161 CLR 158
Wedd v The Queen [2000] WASCA 273
Wilde v The Queen (1988) 164 CLR 365
Wilson v The Queen (1992) 174 CLR 313
Zoneff v The Queen (2000) 200 CLR 234

BRK v The Queen [2001] WASCA 161
Callaghan v The Queen (1952) 87 CLR 115
Campbell v The Queen [1981] WAR 286
Doney v The Queen (1990) 171 CLR 207
Evgeniou v The Queen (1964) 37 ALJR 508
Fletcher v The Queen [1999] WASCA 18
G J Coles & Co Ltd v Goldsworthy [1985] WAR 183
He Kaw Teh v The Queen (1985) 157 CLR 523
Huynh v The Queen [1999] WASCA 45
Jackson & Hodgetts v The Queen (1989) 44 A Crim R 320
Johnson v Miller (1937) 59 CLR 467
Leary v The Queen [1975] WAR 133
M v The Queen (1994) 181 CLR 487
Morrison v Kiwi Electrix Pty Ltd & Anor (1998) 19 WAR 482
Mraz v The Queen (1955) 93 CLR 493
Murray v The Queen (2002) 211 CLR 193
Pemble v The Queen (1971) 124 CLR 107
R v Barlow (1997) 188 CLR 1
R v D [1984] 3 NSWLR 29
R v Lamb (1967) 2 QB 981
R v Martin [2002] QCA 443

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AGLC
Houghton v The Queen [2004] WASCA 20
Case
[2004] WASCA 20
Decision Date

CaseChat Overview and Summary

The case of Houghton v The Queen involved the applicant, who was found guilty of grievous bodily harm due to sexual intercourse with a complainant without disclosing his HIV positive status. The applicant sought to appeal against his conviction and sentence on various grounds, including the sufficiency of directions given by the trial judge about expert evidence, the meaning of "unlawfully" in the context of grievous bodily harm, and the necessity of directing the jury on questions such as willed acts, drawing inferences, and lies as consciousness of guilt. The High Court of Australia considered the appeal and examined the legal issues presented, focusing on whether the damage to the cells and immune system of the complainant constituted grievous bodily harm, and whether the trial judge's directions to the jury were adequate.

The court found that the damage to the complainant's cells and immune system was indeed grievous bodily harm, as it was a significant and substantial injury. The court also addressed the sufficiency of the directions given by the trial judge regarding expert evidence, finding that they were adequate. In relation to the meaning of "unlawfully" in the context of grievous bodily harm, the court held that the applicant's actions were unlawful as he did not have the consent of the complainant to engage in sexual intercourse without disclosing his HIV positive status. Furthermore, the court concluded that the trial judge did not need to direct the jury on the issue of a willed act, as the applicant's actions were not a willed act in the context of the offence. The court also found that the trial judge's directions on drawing inferences and lies as consciousness of guilt were sufficient. However, the court held that the trial judge did not adequately direct the jury on the issue of mistake of fact, which was a critical aspect of the applicant's defence.

As a result of the court's findings, the appeal was allowed, the conviction was quashed, and a retrial was ordered. The court granted leave to appeal and provided detailed reasoning for its decision, addressing the various legal issues raised by the applicant. The final orders of the court were that the conviction be quashed and a retrial be ordered, allowing the applicant an opportunity to present his defence on the issue of mistake of fact.

Orders

Orders of the court

Leave to appeal granted

Appeal allowed

Conviction quashed and retrial 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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