IMM v The Queen [2014] NTCCA 20
PARTIES:IMM
v
THE QUEEN
TITLE OF COURT: COURT OF CRIMINAL APPEAL OF THE NORTHERN TERRITORY
JURISDICTION: CRIMINAL APPEAL FROM THE SUPREME COURT EXERCISING TERRITORY JURISDICTION
FILE NO:CCA 4 of 2014 (21206228)
DELIVERED: 19 December 2014
HEARING DATES: 25 & 26 September 2014
JUDGMENT OF: RILEY CJ, KELLY & HILEY JJ
APPEAL FROM: BLOKLAND J
CATCHWORDS:
EVIDENCE – Evidence (National Uniform Legislation) Act – s 137 – evidence of complaints to a friend and to family members admitted under s 66 - whether evidence of complaints should have been excluded under s 137 – whether trial judge erred in holding that complaint to friend made before complaint to family – on the evidence no error demonstrated – evidence had significant probative value not outweighed by any unfair prejudice to defendant
EVIDENCE – Juries – Directions – warning against propensity reasoning given in relation to direct evidence of sexual abuse not the subject of a charge – complaints capable of referring to both charged and uncharged acts – trial judge directed jury that evidence of complaints could be used as “some evidence that an offence did occur” – whether this direction in error - whether an additional warning against propensity reasoning should have been given in relation to complaints – no error demonstrated – no additional warning necessary
EVIDENCE – Evidence (National Uniform Legislation) Act – s 97 – evidence of an incident of sexual misconduct against complainant by respondent admitted as tendency evidence under s 97 – whether evidence lacked significant probative value because it was not independent of the complainant - evidence properly admitted under s 97 – evidence not required to be excluded under s 137
Evidence (National Uniform Legislation) Act ss 55, 66, 97, 98, 101, 137
HML v The Queen (2008) 235 CLR 334, applied
Adam v The Queen (2001) 207 CLR 96, referred to
LMD v The Queen [2012] VSCA 164; R v Shamouil (2006) 66 NSWLR 228, followed
Huges (a Pseudonym) v The Queen [2013] VSCA 338; Qualtieri v The Queen (2006) 171 A Crim R 463, not followed
REPRESENTATION:
Counsel:
Appellant:S Odgers SC with A Abayasekara
Respondent: M Nathan
Solicitors:
Appellant:NT Legal Aid Commission
Respondent: Director of Public Prosecutions
Judgment category classification: B
Number of pages: 19
IN THE COURT OF CRIMINAL APPEAL
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWINIMM v The Queen [2014] NTCCA 20
No. CA 4 of 2014 (21206228)
BETWEEN:
IMM
Appellant
AND:
THE QUEEN
Respondent
CORAM: RILEY CJ, KELLY & HILEY JJ
REASONS FOR JUDGMENT
(Delivered 19 December 2014)
RILEY CJ:
I agree that the appeal should be dismissed for the reasons expressed by Kelly J.
KELLY J:
The appellant was charged with one count of sexual intercourse with a child under 16 years and three counts of indecent dealing with the same child. The child was the young daughter of his step-daughter (that is, his step grand-child) and she was born on 12 June…
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- IMM v The Queen [2014] NTCCA 20
- Case
- [2014] NTCCA 20
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether the trial judge erred in admitting evidence of complaints made by the complainant to her aunt, grandmother, and mother under section 66 of the *Evidence (National Uniform Legislation) Act* (SA) and whether this evidence should have been excluded under section 137 of the Act due to unfair prejudice. Further, the Court had to determine if the trial judge’s directions to the jury regarding the use of complaint evidence were adequate, particularly in relation to propensity reasoning, and whether evidence of other alleged sexual misconduct by the appellant, admitted under section 97 of the Act as tendency evidence, possessed sufficient probative value.
The Court reasoned that the trial judge did not err in admitting the complaint evidence, finding that its probative value was not outweighed by any unfair prejudice to the appellant. The Court also held that the trial judge’s direction that complaint evidence could be used as "some evidence that an offence did occur" was not erroneous. The Court noted that the complaints were capable of referring to both charged and uncharged acts, and that the trial judge had provided a comprehensive warning against propensity reasoning in relation to direct evidence of uncharged sexual abuse. The Court concluded that no additional warning was necessary in relation to the complaint evidence. Regarding the tendency evidence of other sexual misconduct, the Court found it was properly admitted under section 97 as it had significant probative value and was not required to be excluded under section 137.
The appeal was dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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