Hugo v R

Case [2000] WASCA 199


HUGO & ANOR -v- THE QUEEN [2000] WASCA 199



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 199
COURT OF CRIMINAL APPEAL
Case No:CCA:107/199916-19 MAY 2000
Coram:PIDGEON J
ANDERSON J
SHELLER AJ
4/08/00
74Judgment Part:1 of 2
Result: Appeal allowed
Re-trial ordered
PDF Version
Parties:BURKE WILLIAM HUGO
HAROLD PAUL NASKO
THE QUEEN

Catchwords:

Criminal law
Particular offences
Attempt to pervert the course of justice
Directions to jury
Inadequate directions on elements of the offence
Criminal law
Evidence
Consciousness of guilt
Directions to jury
Adequacy
Direction required in respect of each act or statement of each accused relied on as consciousness of guilt
Criminal law
Accused's failure to give evidence
Directions to jury
Criminal law
Evidence
Unreliable witness
Corroboration
Directions to jury
Failure to direct on what evidence was capable of confirming or tending to confirm the evidence of witness
Criminal law
Evidence
Self-incrimination
Indemnity
Grant to witnesses of certificates of indemnity against prosecution
Whether grant should be in presence of jury
Directions to jury
Criminal law
Evidence
Duty of prosecutor
Duty to present "full picture"
Failure to call material witness
Whether miscarriage of justice
Defence counsel at trial consented to witness' absence and to trial judge's direction that nothing was to be made of absence

Legislation:

Crimes Act 1914, s 43
Criminal Code, s 689(1)
Customs Act, s 233B
Evidence Act 1906, s 11, s 50

Case References:

Ahern v The Queen (1988) 165 CLR 87
Alexander v R (1981) 145 CLR 395
Attorney-General v Cockram (1990) 2 WAR 477
Bromley v The Queen (1986) 161 CLR 315
Doney v The Queen (1990) 171 CLR 207
Edwards v The Queen (1993) 178 CLR 193
Goonan v R (1993) 69 A Crim R 338
Healy v The Queen (1995) 15 WAR 104
Kalajzich v R (1989) 39 A Crim R 415
Lewis v The Queen (1998) 20 WAR 1
Longman v The Queen (1989) 168 CLR 79
Markovina v The Queen (No 2) (1998) 19 WAR 119
McMillan v Reeves (1945) 62 WN (NSW) 126
Meissner v The Queen (1995) 184 CLR 132
Morris v The Queen (1987) 163 CLR 454
Palmer v The Queen (1998) 193 CLR 1
Plomp v The Queen (1963) 110 CLR 234
R v Abusafiah (1991) 24 NSWLR 531
R v Armstrong [1998] 4 VR 533
R v Fowler [2000] NSWCCA 142
R v Jovanovic (1997) 42 NSWLR 520
R v Kerim [1988] 1 Qd R 426
R v Nanette (1981) 3 A Crim R 268
R v Renzella [1997] 2 VR 88
R v Small (1994) 33 NSWLR 575
R v Tripodina (1988) 35 A Crim R 183
R v Uhrig (unreported) CCA NSW 24 October 1996
RPS v The Queen (2000) 74 ALJR 449
Strickland v The Queen [2000] WASCA 79
The Queen v Apostilides (1984) 154 CLR 563
The Queen v Rogerson (1992) 174 CLR 268
Tripodi v The Queen (1961) 104 CLR 1
Weissensteiner v The Queen (1993)…

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Details
AGLC
Hugo v R [2000] WASCA 199
Case
[2000] WASCA 199
Decision Date

CaseChat Overview and Summary

The appeal in Hugo v R concerned the conviction of the appellant for an attempted perverting of the course of justice. The case was heard in the High Court of Australia. The appellant contested the adequacy of several jury directions provided by the trial judge, as well as the reliability of certain evidence and the failure of the prosecutor to call a material witness.

The central legal issues in the case revolved around whether the trial judge's directions to the jury on the elements of the offence of attempting to pervert the course of justice were adequate, particularly in relation to the requirement that each act or statement of the accused relied on as evidence of consciousness of guilt must be separately directed to the jury. Additionally, the court examined whether the trial judge adequately directed the jury on the unreliability of a key witness and the necessity for corroboration of such evidence. The court also considered whether the trial judge should have directed the jury regarding the duty of the prosecutor to present a full picture of the evidence, including the failure to call a material witness, and whether this omission constituted a miscarriage of justice.

The court found that the trial judge had failed to adequately direct the jury on several critical points, including the need to separately consider each act or statement of the accused as evidence of consciousness of guilt, the unreliability of the key witness and the need for corroboration, and the prosecutor's duty to present a complete picture of the evidence. The court concluded that these errors led to a miscarriage of justice and warranted the granting of an appeal and the ordering of a re-trial.

The High Court allowed the appeal and ordered a re-trial. The detailed reasoning and specific findings of the court underscore the importance of precise jury directions and the prosecutor's duty to present all relevant evidence in criminal trials.

Orders

Orders of the court

Appeal allowed

Re-trial 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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