J v the Queen (No 2)

Case [1989] TASSC 37


Serial No 33/1989
List "A"

CITATION:              J v The Queen (No 2) [1989] TASSC 37; (1989) Tas R 116; A33/1989

PARTIES:  J
  v
  THE QUEEN

TITLE OF COURT:  COURT OF CRIMINAL APPEAL (TAS)
JURISDICTION:  APPELLATE
FILE NO/S:  CCA 65/1987
DELIVERED ON:  24 August 1989
DELIVERED AT:  Hobart
JUDGMENT OF:  Green CJ, Underwood and Wright JJ

Judgment Number:  A33/1989
Number of paragraphs:  97

Serial No 33/1989
List "A:
File No CCA 65/1987

J v THE QUEEN (No 2)

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

GREEN CJ
UNDERWOOD J
WRIGHT J
24 August 1989

Order of the Court

Direct that judgments and verdicts of acquittal be entered in respect of counts 2, 3, and 5.

Serial No 33/1989
List "A:
File No CCA 65/1987

J v THE QUEEN (No 2)

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

GREEN CJ

24 August 1989

  1. This is an appeal and an application for leave to appeal against conviction which was partially determined by orders made by this Court for reasons published on 21 October 1988, Serial No 47/1988. The High Court has set aside so much of this Court's order as directed that there be a new trial and has ordered that the matter be remitted to this Court to complete the hearing and determination of the appeal.

  1. The charges and the verdicts which are the subject of this appeal are as follows:

Count 1    Unnatural carnal knowledge of A in approximately December 1985: not guilty.

Count 2    Unnatural carnal knowledge of B between the 1 September 1986 and 25 September 1986: guilty.

Count 3    Assault of B on 25 September 1986: guilty.

Count 4    Indecent assault of B on or about the 25 September 1986: not guilty.

Count 5    Rape of A on or about the 30 January 1987: not guilty of rape but guilty of indecent assault.

The only grounds now relied upon by the appellant are as follows:

"5That the learned Trial Judge erred in law in directing the jury as he did as to corroboration of the complainant's evidence.

6That the learned Trial Judge erred in law in allowing alleged evidence of similar facts to be led by the Crown."

The error alleged in ground 5 was identified in a supplementary document as follows:

"EThe learned trial judge erred in law in holding that the evidence of one complainant was capable in law of corroborating the evidence of another complaint (sic)."

  1. The court having already held that the convictions on counts 2, 3 and 5 should be quashed, the question now before the court is whether a retrial should be ordered or whether judgments and verdicts of acquittal should be entered instead.

  1. At the time of the trial s136(1) of the Criminal Code read:

"136–(1)    No person shall be convicted of any crime under the provisions of any of the foregoing sections of this chapter, or of an attempt to commit the same, on the evidence of the person in respect of whom the crime is alleged to…

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AGLC
J v the Queen (No 2) [1989] TASSC 37
Case
[1989] TASSC 37
Decision Date

CaseChat Overview and Summary

This case concerned an appeal against conviction and sentence, and an application for leave to appeal against sentence, by the appellant who was convicted of various sexual offences. The appeal was partially determined by orders made by this Court for reasons published on 21 October 1988. The High Court set aside so much of this Court's order as directed that there be a new trial and ordered that the matter be remitted to this Court to complete the hearing and determination of the appeal. The only grounds now relied upon by the appellant were that the learned Trial Judge erred in law in directing the jury as he did as to corroboration of the complainant's evidence and in allowing alleged evidence of similar facts to be led by the Crown. The court having already held that the convictions on counts 2, 3 and 5 should be quashed, the question now before the court was whether a retrial should be ordered or whether judgments and verdicts of acquittal should be entered instead. The court held that verdicts and judgments of acquittal should be entered in respect of counts 2 and 5. In view of the length of time which the appellant had already spent in prison the court did not think that a retrial on count 3 would be warranted and in its opinion a verdict and judgment of acquittal should be entered in respect of that count also.

Orders

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