Laipato v The Queen

Case [2020] ACTCA 35


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Laipato v The Queen

Citation:

[2020] ACTCA 35

Hearing Date:

18 May 2020

DecisionDate:

7 July 2020

Before:

Murrell CJ, Robinson and Berman AJJ

Decision:

Conviction appeal dismissed.  Sentence appeal upheld and appellant resentenced: see [197]–[199].

Catchwords:

CRIMINAL LAW – APPEAL – Trial – Inconsistent verdicts – Unreasonable, unsafe and unsatisfactory verdicts – “Bad character evidence” – Where defence did not object to evidence at trial

CRIMINAL LAW – APPEAL – Sentence – Error in factual findings – Objective seriousness – Manifest excess – Resentence

Legislation Cited:

Court Procedure Rules 2006 (ACT) rr 5412, 5531

Crimes Act 1900 (ACT) ss 28(2)(a), 34
Criminal Appeal Act 1912 (NSW) s 6(1)
Criminal Code 2002 (ACT) s 311

Supreme Court Act 1933 (ACT) s 37O

Cases Cited:

AB v The Queen [1999] HCA 46; 198 CLR 111

BI v The Queen (No 2) [2018] ACTCA 11
Cheung v The Queen [2001] HCA 67; 209 CLR 1
Dalton v The Queen [2015] ACTCA 48
Featherstone v The Queen; Bloxsome v The Queen [2020] ACTCA 33
Filippou v The Queen [2015] HCA 29; 256 CLR 47
FL v The Queen [2020] NSWCCA 114
Ganiji v The Queen [2019] NSWCCA 208
GW v The Queen [2015] ACTCA 15
Jones v The Queen (1997) 191 CLR 439
Kao v The Queen [2020] NSWCCA 38
Keen v The Queen [2020] NSWCCA 59
Kentwell v The Queen [2014] HCA 37; 252 CLR 601
KN v The Queen [2019] ACTCA 37
Longman v The Queen (1989) 168 CLR 79
M v The Queen (1994) 181 CLR 487
MacKenzie v The Queen (1996) 190 CLR 348
Markuleski v The Queen [2001] NSWCCA 290; 52 NSWLR 82
MFA v The Queen [2002] HCA 53; 213 CLR 606
Papakosmas v The Queen [1999] HCA 37; 196 CLR 297
Pell v The Queen [2020] HCA 12; 94 ALJR 394
R v Cowling [2019] ACTSC 138
R v Dillon [2018] ACTSC 164
R v East [2015] ACTSC 54
R v Eimerl [2015] ACTSC 72
R v Klickovic [2018] ACTSC 141
R v Laipato [2019] ACTSC 386
R v Lockwood [2018] ACTSC 288
R v Murray (1987) 11 NSWLR 12
R v Palmer [2020] ACTSC 13
R v Peadon [2015] ACTSC 132
R v Rogers [2014] ACTSC 124
R v Seears [2015] ACTSC 109
R v Singh [2017] ACTCA 17
R v Tonari [2014] NSWCCA 232
R v Williams [2018] ACTSC 354
TK v The Queen [2009] NSWCCA 151; 74 NSWLR 299

Wyper v The Queen; The Queen v Wyper [2017] ACTCA 59

Parties:

David Christopher Laipato (Appellant)

The Queen (Respondent)

Representation:

Counsel

K Ginges (Appellant)

T Hickey (Respondent)

Solicitors

McKenna Taylor (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

AC 43 of 2019

Decision under appeal: 

Court/Tribunal:             ACT Supreme Court

Before:  Burns J

Date of Decision:          20 December 2019

Case Title:  R v Laipato

Citation: [2019] ACTSC 386

THE COURT

The trial…

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Laipato v The Queen [2020] ACTCA 35
Case
[2020] ACTCA 35
Decision Date

CaseChat Overview and Summary

Laipato appealed against his conviction and sentence for a number of offences. The appeal was heard by Murrell CJ, Robinson and Berman AJJ in the Court of Criminal Appeal of New South Wales. The grounds of appeal included that the verdicts were unreasonable, unsafe and unsatisfactory, and that there was an issue with "bad character evidence" which was not objected to at trial. The appeal also concerned the sentence imposed, alleging error in factual findings regarding objective seriousness and manifest excess.

The Court of Criminal Appeal was required to determine whether the jury's verdicts were so unreasonable, unsafe, or unsatisfactory as to warrant intervention. It also had to consider whether the admission of "bad character evidence," despite the defence's failure to object at trial, rendered the verdicts unsafe. Furthermore, the court was tasked with assessing whether the sentencing judge made errors in factual findings concerning the objective seriousness of the offences, leading to a manifestly excessive sentence.

The court dismissed the appeal against conviction, finding that the verdicts were not unreasonable, unsafe, or unsatisfactory. The failure to object to the "bad character evidence" at trial was considered in the context of the overall trial. However, the appeal against sentence was upheld. The court found that there were errors in the factual findings regarding the objective seriousness of the offences, which resulted in a manifestly excessive sentence. Consequently, the appellant was resentenced.

Orders

Orders of the court

Conviction appeal dismissed. Sentence appeal upheld and appellant resentenced: see [197]–[199].

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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