JD v Tasmania

Case [2023] TASCCA 11


[2023] TASCCA 11

COURT:  SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)
CITATION:  JD v Tasmania [2023] TASCCA 11
PARTIES:  JD
v
STATE OF TASMANIA
FILE NO:  1819/2022
DELIVERED ON:  10 October 2023
DELIVERED AT:  Hobart
HEARING DATE:  25 August 2023
JUDGMENT OF:  Estcourt J, Pearce J and Jago J
CATCHWORDS: 

Criminal Law – Appeal and new trial – Miscarriage of justice – Particular circumstances not amounting to miscarriage – Improper admission or rejection of evidence – Tendency evidence – Evidence of applicant’s tendency to have a sexual interest in young or adolescent females within his care – Probative value of tendency evidence significant – Risk of jury improperly using or giving disproportionate weight to tendency evidence sufficiently addressed by trial judge’s directions – Probative value outweighed danger of unfair prejudice – No miscarriage of justice.

Evidence Act 2001 (Tas), ss 97, 101(2).
Pattison v Tasmania [2017] TASSCA 13, distinguished.
R v Dennis Bauer (a pseudonym) [2018] HCA 40, 266 CLR 56; TL v The King [2022] HCA 35, considered;
McPhillamy v R [2018] HCA 52; 92 ALJR 1045, referred to.
Aust Dig Criminal Law [3471]

Criminal Law – Appeal and new trial – Verdict unreasonable or insupportable having regard to evidence – Appeal dismissed – Matters submitted by counsel to establish doubt as to applicant’s guilt frequently encountered in historic cases of sexual assault against children – Complainant’s account circumstantially supported by tendency evidence – Open to the jury to be satisfied beyond reasonable doubt that applicant was guilty.

Pell v The Queen [2020] HCA 12; 268 CLR 123, distinguished.
Tringrove v Tasmania [2014] TASCCA 7; M v The Queen (1994) 181 CLR 487; Dansie v The Queen (2002)
HCA 25, 403 ALR 221; R v Baden-Clay [2016] HCA 35, 258 CLR 308, referred to.
Aust Dig Criminal Law [3476]

Criminal Law – Appeal and new trial – Particular grounds of appeal – Misdirection and non-direction – Consideration of summing up as a whole – Allegation of inadequate summing up by trial judge – Summing up took place on same day as detailed address from defence counsel – defence counsel did not request further relevant directions from the trial judge after summing up – Summing up was adequate in the circumstances – No miscarriage of justice.

Anderson v Tasmania [2020] TASCCA 11; Lambert and Stokes v Tasmania [2007] TASSC 76, referred to.
Aust Dig Criminal Law [3479]

REPRESENTATION:

Counsel:

Applicant:  K Baumeler
Respondent:  J Ransom

Solicitors:

Applicant:  Logan & Partners
Respondent:  Director of Public Prosecutions
Judgment Number:  [2023] TASCCA 11
Number of paragraphs:  109

Serial No 11/2023 File No 1819/2022

JD v STATE OF TASMANIA

REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
ESTCOURT J
PEARCE J
JAGO J
10 OCTOBER 2023
Orders of the Court: 

1.     Leave to appeal granted

2.     Appeal dismissed

Serial No 11/2023 File No 1819/2022

JD v STATE OF TASMANIA

REASONS FOR JUDGMENT

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JD v Tasmania [2023] TASCCA 11
Case
[2023] TASCCA 11
Decision Date

CaseChat Overview and Summary

The applicant, JD, appealed to the Full Court of the Supreme Court of Tasmania against his conviction. The central dispute concerned the admission of evidence at trial which the applicant argued constituted a miscarriage of justice.

The Full Court was required to determine whether the admission of tendency evidence, specifically evidence of the applicant’s alleged tendency to have a sexual interest in young or adolescent females within his care, amounted to a miscarriage of justice. This involved assessing whether the probative value of this evidence was outweighed by the danger of unfair prejudice to the applicant.

The Court reasoned that the tendency evidence had significant probative value. It found that the trial judge had adequately addressed the risk of the jury improperly using or giving disproportionate weight to this evidence through their directions. Consequently, the Court concluded that the probative value of the evidence outweighed the danger of unfair prejudice, and therefore, no miscarriage of justice had occurred.

Leave to appeal was granted, but the appeal was ultimately dismissed.

Orders

Orders of the court

Orders of the Court:

1. Leave to appeal granted

2. 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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