Hoyle v The Queen

Case [2018] ACTCA 42


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Hoyle v The Queen

Citation:

[2018] ACTCA 42

Hearing Dates:

14–15 May 2018

DecisionDate:

20 September 2018

Before:

Murrell CJ, Burns and North JJ

Decision:

Appeal dismissed.

Catchwords:

APPEAL – CRIMINAL LAW – GENERAL PRINCIPLES – admitting further evidence on appeal – distinction between new evidence and fresh evidence – fresh evidence – whether the absence of fresh evidence at trial amounted to a miscarriage of justice – whether jury would be “reasonably likely” to acquit if they had known of the fresh evidence at trial – whether the fresh evidence meant the appellant would have run the trial differently

CRIMINAL LAW – GENERAL PRINCIPLES – defence of mental impairment – ss 27 and 28 of the Criminal Code 2002 (ACT) –- when accused under a mental impairment – whether the accused did not know the nature and quality of the conduct – whether the accused knew the conduct was wrong – whether the accused could not control the conduct

EVIDENCE – TENDENCY EVIDENCE – multiple complainants of sexual offences – probative value of tendency evidence – whether tendency evidence would cause unfair prejudice – whether the prosecutor used tendency evidence in an impermissible manner – distinction between tendency and coincidence evidence

CRIMINAL LAW – DIRECTIONS TO JURY – conduct of the prosecutor – whether the prosecutor’s errors caused a miscarriage of justice – whether the trial judge’s jury directions cured the prosecutor’s errors

CRIMINAL LAW – DIRECTIONS TO JURY – Liberato directions – whether the trial judge correctly identified to the jury the burden and standard of proof – whether a Liberato direction should have been given – Jovanovic directions – adequacy of directions regarding the complainants’ motive to lie – whether a Jovanovic direction should have been given

EVIDENCE – CREDIBILITY EVIDENCE – s 108C of the Evidence Act 2011 (ACT) – whether the evidence could substantially affect the assessment of the credibility of the witness – whether a failure to address s 192 of the Evidence Act 2011 (ACT) affects the admission of evidence under s 108C

Legislation Cited:

Court Procedures Rules 2006 (ACT) rr 1203, 5331, sch 1

Crimes Act 1900 (ACT) ss 54(1), 60(1)
Criminal Code 2002 (ACT) ss 27, 28
Evidence Act 1995 (NSW) s 79
Evidence Act2011 (ACT) ss 95, 97, 101(2), 108C, 137, 192

Supreme Court Act 1933 (ACT) s 37N(3)

Cases Cited:

Bugeja v The Queen [2010] VSCA 321; 30 VR 493

Craig v The Queen [2018] HCA 13; 92 ALJR 390
Dasreef Pty Ltd v Hawcher [2011] HCA 21; 243 CLR 588
De Silva v The Queen [2013] VSCA 339; 236 A Crim R 214
Finn v The Queen [2018] VSCA 228
Gallagher v The Queen (1986) 160 CLR 392
Hughes v The Queen [2017] HCA 20; 92 ALJR 52
IMM v The Queen [2016] HCA 14; 257 CLR 300
Lawless v The Queen (1978) 142 CLR 659
Liberato v…

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Hoyle v The Queen [2018] ACTCA 42
Case
[2018] ACTCA 42
Decision Date

CaseChat Overview and Summary

The appeal concerned a criminal conviction in the Supreme Court of the Australian Capital Territory. The appellant, Hoyle, was convicted of various offences. The appeal raised several grounds, including the admission of further evidence on appeal, the defence of mental impairment, the use of tendency evidence, and alleged errors in jury directions.

The Court of Appeal was required to determine whether the absence of certain fresh evidence at trial amounted to a miscarriage of justice, specifically considering whether the jury would have been reasonably likely to acquit had they been aware of this evidence, and whether its existence would have led the appellant to conduct the trial differently. The Court also had to consider the application of sections 27 and 28 of the *Criminal Code 2002* (ACT) regarding the defence of mental impairment, focusing on whether the appellant understood the nature and quality of his conduct, knew it was wrong, or could not control it. Further issues included the admissibility and prejudicial effect of tendency evidence involving multiple complainants, the propriety of the prosecutor's use of such evidence, and whether any errors by the prosecutor were cured by the trial judge's directions. The adequacy of jury directions concerning the burden and standard of proof, the need for *Liberato* and *Jovanovic* directions regarding complainants' motives to lie, and the application of section 108C of the *Evidence Act 2011* (ACT) to credibility evidence were also central to the appeal.

The Court of Appeal dismissed the appeal. It found that the fresh evidence sought to be admitted was not of a kind that would have reasonably likely led to an acquittal, nor would it have fundamentally altered the trial strategy. The Court also concluded that the trial judge's directions adequately addressed the issues of mental impairment, tendency evidence, and the burden and standard of proof, and that no *Liberato* or *Jovanovic* directions were necessary in the circumstances. The Court found no miscarriage of justice had occurred.

Orders

Orders of the court

Appeal dismissed.

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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