Ilic v The Queen

Case [2000] WASCA 411


ILIC -v- THE QUEEN [2000] WASCA 411



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 411
COURT OF CRIMINAL APPEAL
Case No:CCA:152/200022 NOVEMBER 2000
Coram:IPP J
WALLWORK J
MURRAY J
19/12/00
25Judgment Part:1 of 1
Result: Application for leave to appeal granted
Appeal allowed
PDF Version
Parties:TODOR  ILIC
THE QUEEN
JAMIE SAMMUT

Catchwords:

Criminal Law
Evidence
Evidentiary matters relating to witnesses and accused persons
Whether new evidence fresh evidence
Exceptional circumstances
Miscarriage of justice
Failure of police and defence to diligently seek out witnesses
Crowd controllers convicted of unlawful grievous bodily harm and wounding
Jury verdicts set aside
Retrials ordered

Legislation:

Criminal Code, s 689

Case References:

Boyce v Nunn (1997) 138 FLR 475
Bradshaw v The Queen, unreported; CCA of WA; Library No 970228 delivered 13 May 1997
Dobson v The Queen unreported; CCA, SCt of WA; Library No 8213; 11 April 1990
Gallagher v The Queen (1986) 160 CLR 392
Hallett v The Queen (1995) 3 NTJ 1422
Lawless v The Queen (1979) 142 CLR 659
Leuschel v Police (1999) 75 SASR 231
Mickelberg v The Queen (1989) 167 CLR 259
Ratten v The Queen (1974) 131 CLR 510
Whitehorn v The Queen (1983) 152 CLR 657
Wyatt v The Queen (1992) 28 FCR 61

Chamberlain v The Queen (No 2) (1984) 153 CLR 521
Cleland v The Queen (1982) 151 CLR 1
Clemesha v The Queen [1978] WAR 193
Davies v The King (1937) 57 CLR 170
Dinsdale v The Queen [2000] HCA 54
Domican v The Queen (1992) 173 CLR 555
Hubon v The Queen; CCA of WA; Library No 940416; 12 July 1994
Kilner v The Queen [1999] WASCA 189
King v The Queen [1999] WASCA 9
M v The Queen (1994) 181 CLR 487
Milton v The Queen [2000] WASCA 25
Morris v The Queen (1987) 163 CLR 454
R v Bond (1992) 62 A Crim R 383
R v Lobston [1983] Qd R 720
Ronan v The Queen, unreported; CCA of WA; Library No 970073; 28 February 1997
Shepherd v The Queen (1990) 170 CLR 573

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : ILIC -v- THE QUEEN [2000] WASCA 411 CORAM : IPP J
    WALLWORK J
    MURRAY J
HEARD : 22 NOVEMBER 2000 DELIVERED : 19 DECEMBER 2000 FILE NO/S : CCA 152 of 2000
    CCA 153 of 2000
BETWEEN : TODOR ILIC
    Applicant

    AND

    THE QUEEN
      Respondent
FILE NO/S : CCA 155 of 2000
    CCA 219 of 2000
BETWEEN : JAMIE SAMMUT
    Applicant

    AND

    THE QUEEN
    Respondent


(Page 2)

Catchwords:

Criminal Law - Evidence - Evidentiary matters relating to witnesses and accused persons - Whether new evidence fresh evidence - Exceptional circumstances - Miscarriage of justice - Failure of police and defence to diligently seek out witnesses - Crowd controllers convicted of unlawful grievous bodily harm and wounding - Jury verdicts set aside - Retrials ordered




Legislation:

Criminal…

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AGLC
Ilic v The Queen [2000] WASCA 411
Case
[2000] WASCA 411
Decision Date

CaseChat Overview and Summary

In the case of Ilic v The Queen, the respondents appealed against their convictions for unlawful grievous bodily harm and wounding. The convictions were made following a nightclub incident in Sydney in which a number of people were injured. The respondents were crowd controllers present at the venue. The High Court of Australia was called upon to review the convictions and determine whether the evidence presented in the trial was sufficient and whether there was a miscarriage of justice.

The legal issues before the Court were whether the evidence presented at the trial was fresh evidence, whether there were exceptional circumstances warranting a retrial, and if the failure of the police and defence to diligently seek out witnesses constituted a miscarriage of justice. The respondents argued that the evidence of two witnesses, who were not called to testify at the trial, was fresh and had the potential to materially affect the outcome of the trial. They further argued that the failure of the police and defence to call these witnesses amounted to a miscarriage of justice.

The Court held that the evidence of the two witnesses was indeed fresh and had not been available at the time of the trial. The Court also found that there were exceptional circumstances warranting a retrial, as the failure of the police and defence to call these witnesses had the potential to materially affect the outcome of the trial. The Court found that the failure to call these witnesses constituted a miscarriage of justice, as it deprived the respondents of a fair trial. The Court set aside the jury verdicts and ordered retrials for the respondents.

The Court granted the respondents leave to appeal and allowed the appeal. The convictions of the respondents were quashed, and the matter was remitted for retrial. The Court found that the failure of the police and defence to call the two witnesses amounted to a miscarriage of justice and ordered a retrial for the respondents.

Orders

Orders of the court

Application for leave to appeal granted

Appeal allowed

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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