Reported Decision:
67 NSWLR 152
New South Wales
Court of Criminal Appeal
CITATION: JJT v REGINA [2006] NSWCCA 283 HEARING DATE(S): 1 June 2006
JUDGMENT DATE:
11 September 2006JUDGMENT OF: McClellan CJ at CL at 1; James J at 91; Simpson J at 92 DECISION: Appeal dismissed CATCHWORDS: CRIMINAL LAW – PETITION UNDER S 474B OF THE CRIMES ACT – indecent assault – fresh evidence – whether a miscarriage of justice in light of fresh evidence– whether verdict unreasonable in light of fresh evidence – credit of witness – credit of complainant – directions on use of the complaint – inconsistencies in evidence –whether jury misdirected as to right to silence – direction appropriate in law at time of trial – direction subsequently ruled inappropriate – whether court could consider this ground – application of principles in Mallard LEGISLATION CITED: Crimes Act 1900
Criminal Appeal Act 1912 (NSW)CASES CITED: Azzopardi v the Queen (2001) 205 CLR 50
Gilbert v The Queen (2000) 201 CLR 414
Jones v The Queen (1997) 191 CLR 439
M v The Queen (1994) 181 CLR 487
Mallard v The Queen (2005) 80 ALJR 160
McKinney v The Queen (1991) 171 CLR 468
MFA v The Queen (2002) 213 CLR 606
R v Barlow (1997) 188 CLR
R v Boisnier (unreported, NSWCCA, 17/2/1994)
R v Chard [1984] AC 279
R v ED [2003] NSWCCA 255
R v Gregory [2002] NSWCCA 199
R v Habib [2005] NSWCCA 223
R v Heuston (2003) 140 A Crim R 422
R v JJT 3 December 1997, unreported NSWCCA
R v Kanaan [2005] NSWCCA 385
R v Khaddour [2005] NSWCCA 303
R v Murray (1987) 11 NSWLR 12
R v Taulu (unreported, NSWCCA, 30/10/1994)
R v Unger [1977] 2 NSWLR 990
R v Wakeley [1994] 2 Qd R 196
RPS v The Queen (2000) 199 CLR 620
Weissensteiner v The Queen (1993) 178 CLR 217
Wilson v The Queen (1991-1992) 174 CLR 313PARTIES: JJT (Appl)
The CrownFILE NUMBER(S): CCA 2005/1003 COUNSEL: R J Button SC (Appl)
W Dawe QC/J A Girdham (Crown)SOLICITORS: Legal Aid Commission of NSW (Appl)
Director of Public Prosecutions (Crown)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 96/21/3039 LOWER COURT JUDICIAL OFFICER: Craigie DCJ LOWER COURT DATE OF DECISION: 18 April 1997
2005/1003
MONDAY 11 SEPTEMBER 2006McCLELLAN CJ at CL
JAMES J
SIMPSON J
1 McCLELLAN CJ at CL: The appellant was tried before his Honour Judge Craigie QC and a jury on four counts alleging indecent assault of his niece, S. The appellant was convicted of the second count but acquitted of the first, third and fourth counts. He was sentenced to a term of imprisonment which has long since been served.
2 A petition, dated 25 March 2004 was presented by the appellant pursuant to s 474B of the Crimes Act. The Attorney-General, having considered the petition, referred the matter to this Court pursuant to s 474C of the Act to be…
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- R v JJT [2006] NSWCCA 283
- Case
- [2006] NSWCCA 283
- Decision Date
CaseChat Overview and Summary
The court began by analysing the fresh evidence, which included statements from two witnesses who were not called at the original trial. The court found that the fresh evidence was indeed significant but did not automatically warrant a reconsideration of the conviction. The court then assessed the credit of the witnesses, including the complainant, and found that the evidence was credible and consistent. The court also considered the inconsistencies in the evidence and determined that they did not undermine the overall credibility of the case. Regarding the jury directions, the court acknowledged that the direction on the right to silence was inappropriate at the time of the trial but found that it was not a ground for allowing the appeal as it did not result in a miscarriage of justice.
The court concluded that the fresh evidence, while significant, did not warrant a reconsideration of the conviction. The court found that the credit of the witnesses, including the complainant, was credible, and the inconsistencies in the evidence did not undermine the overall credibility of the case. The court found that the jury direction on the right to silence was inappropriate but did not result in a miscarriage of justice. The court dismissed the application for leave to appeal.
Orders
Orders of the court
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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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