[2007] TASSC 76
CITATION: Lambert and Stokes v Tasmania [2007] TASSC 76
PARTIES: LAMBERT, Bradley Rex
v
TASMANIA, The State of
STOKES, Darryn
v
TASMANIA, The State of
TITLE OF COURT: COURT OF CRIMINAL APPEAL (TAS)
JURISDICTION: APPELLATE
FILE NO/S: CCA 70/2005
CCA 71/2005
DELIVERED ON: 26 September 2007
DELIVERED AT: Hobart
HEARING DATE: 15, 16 May 2007
JUDGMENT OF: Underwood CJ, Slicer and Blow JJ
CATCHWORDS:
Criminal Law – Jurisdiction, practice and procedure – Summing up – Duty to put defence case.
RPS v R (2000) 199 CLR 620; Lyons v R A82/1992; R v Conway (2005) 157 A Crim R 474; Domican v R (1992) 173 CLR 554; Basto v R (1954) 91 CLR 628; Brown v R [1972] Tas SR 57; R vChecconi (1988) 34 A Crim R 160, referred to.
Aust Dig Criminal Law [802]
Criminal Law – Appeal and new trial and enquiry after conviction – Appeal and new trial – Appeal against sentence – Appeal by convicted persons – Applications to reduce sentence – When granted – Particular offences – Offences against the person – Generally – Murder – Two victims – Sentences of 42 years with 28 year non-parole period – Whether manifestly excessive.
Power v R (1974) 131 CLR 623, referred to.
Aust Dig Criminal Law [1010]
REPRESENTATION:
Counsel:
Appellant Lambert: T K Jago
Appellant Stokes: G A Richardson
Respondent: D G Coates SC
Solicitors:
Appellant Lambert: Legal Aid Commission
Appellant Stokes: G A Richardson
Respondent: Director of Public Prosecutions
Judgment Number: [2007] TASSC 76
Number of paragraphs: 134
Serial No 76/2007
File No CCA 70/2005CCA 71/2005
BRADLEY REX LAMBERT v STATE OF TASMANIA
DARRYN STOKES v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
UNDERWOOD CJ
SLICER J (dissenting in part)
BLOW J
26 September 2007
Orders of the Court:
Appeal CCA 70/2005
Leave to appeal granted.
Appeal dismissed.
Appeal CCA 71/2005
Leave to appeal granted.
Appeal dismissed.
Serial No 76/2007
File No CCA 70/2005CCA 71/2005
BRADLEY REX LAMBERT v STATE OF TASMANIA
DARRYN STOKES v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
UNDERWOOD CJ
26 September 2007
I agree with Blow J that there was a miscarriage of justice in this case by reason of the learned trial judge's failure to remind the jury of all the arguments advanced on behalf of each accused. It is the duty of a trial judge to see that an accused gets a fair trial in accordance with law, and part of this duty requires him or her to put the accused's case to the jury fairly. See RPS v R (2000) 199 CLR 620 at 637 and the other cases referred to by Blow J in his reasons for judgment at pars4 – 8.
The Criminal Code, s402(1), requires that an appeal be allowed in the event "that on any ground whatsoever there was a miscarriage of justice". However, subs(2) provides:
"(2) The Court may, notwithstanding that it is of…
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CaseChat Overview and Summary
The court considered whether the summing up should have included instructions on manslaughter, given the evidence presented by the defence. It examined whether the trial judge was required to address every defence argument, including those that were not supported by the evidence, or if the judge was only obliged to instruct the jury on the defences that had a factual basis. The court held that while it was not necessary for the judge to instruct the jury on every defence argument, the summing up must accurately reflect the defence case as presented. In this instance, the court found that the trial judge did not adequately summarise the defence's case, particularly regarding the self-defence and provocation arguments, which could have led to the jury considering a lesser charge.
The court concluded that the trial judge's summing up was deficient as it did not accurately reflect the defence case, thereby potentially depriving the appellants of a fair trial. The errors in the summing up were such that they could have influenced the jury's decision, leading to the court ordering a retrial. The court did not, however, find that the errors were so severe as to result in the convictions being quashed outright. Instead, it emphasised the importance of a fair and accurate summing up in criminal trials. The final orders included a direction for a retrial of the appellants on the murder charges, with proper instructions to the jury regarding the defence arguments.
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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