Latham v The Queen

Case [2000] WASCA 57


LATHAM -v- THE QUEEN [2000] WASCA 57



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 57
COURT OF CRIMINAL APPEAL10/03/2000
Case No:CCA:151/19991 DECEMBER 1999
Coram:MALCOLM CJ
PIDGEON J
WHITE J
1/12/99
23Judgment Part:1 of 1
Result: Appeal allowed
PDF Version
Parties:RAYMOND JOHN LATHAM
THE QUEEN

Catchwords:

Criminal law and procedure
Unsafe and unsatisfactory verdict
Applicant acquitted of nine counts of sexual offences and convicted of two counts of indecent dealing
Whether trial Judge's directions regarding burden of proof and corroboration inadequate
Convictions quashed and retrial ordered

Legislation:

Nil

Case References:

Director of Public Prosecutions (Nauru) v Fowler (1984) 154 CLR 627
Doney v The Queen (1990) 171 CLR 207
Eade v The Queen (1924) 34 CLR 154
F v R (1995) 83 A Crim R 502
Jones v The Queen (1997) 191 CLR 439
Khan v The Queen [1971] WAR 44
Liberato v The Queen (1985) 159 CLR 507
Longman v The Queen (1989) 168 CLR 79
Markovina v The Queen (1996) 16 WAR 354
Medcraft v The Queen [1982] WAR 33
Monk v The Queen [1999] WASCA 27
Palmer v The Queen (1998) 193 CLR 1
R v Baskerville [1916] 2 KB 658
R v G [1994] 1 Qd 540
R v Tripodi [1961] VR 186

BRS v The Queen (1997) 95 A Crim R 400
Gill v R [1999] WASCA 68
Jones v R (1997) 149 ALR 598
M v The Queen, unreported; CCA SCt of WA; Library No 980452, 12 August 1998
M v The Queen (1994) 181 CLR 487
MacKenzie v The Queen (1996) 71 ALJR 91
Mraz v The Queen (1955) 93 CLR 493
R v Kirkham (1987) 44 SASR 591

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : LATHAM -v- THE QUEEN [2000] WASCA 57 CORAM : MALCOLM CJ
    PIDGEON J
    WHITE J
HEARD : 1 DECEMBER 1999 DELIVERED : 1 DECEMBER 1999 PUBLISHED : 10 MARCH 2000 FILE NO/S : CCA 151 of 1999 BETWEEN : RAYMOND JOHN LATHAM
    Applicant

    AND

    THE QUEEN
    Respondent

Catchwords:

Criminal law and procedure - Unsafe and unsatisfactory verdict - Applicant acquitted of nine counts of sexual offences and convicted of two counts of indecent dealing - Whether trial Judge's directions regarding burden of proof and corroboration inadequate - Convictions quashed and retrial ordered

Legislation:

Nil

Result:

Appeal allowed




(Page 2)


Representation:

Counsel:


    Applicant : Mr R W Richardson
    Respondent : Mr S E Stone


Solicitors:

    Applicant : Aboriginal Legal Service
    Respondent : State Director of Public Prosecutions

Case(s) referred to in judgment(s):

Director of Public Prosecutions (Nauru) v Fowler (1984) 154 CLR 627
Doney v The Queen (1990) 171 CLR 207
Eade v The Queen (1924) 34 CLR 154
F v R (1995) 83 A Crim R 502
Jones v The Queen (1997) 191 CLR 439
Khan v The Queen [1971] WAR 44
Liberato v The Queen (1985) 159 CLR 507
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Latham v The Queen [2000] WASCA 57
Case
[2000] WASCA 57
Decision Date

CaseChat Overview and Summary

The case of Latham v The Queen involved the appellant, Latham, who was acquitted of nine counts of sexual offences but convicted of two counts of indecent dealing. The appeal was heard by the High Court of Australia, which had to determine whether the trial judge's directions regarding the burden of proof and corroboration were inadequate. The appellant argued that the trial judge's directions did not sufficiently emphasise the importance of the prosecution proving the charges beyond a reasonable doubt and failed to adequately address the need for corroboration of the complainant's evidence. The central legal issues revolved around the adequacy of the trial judge's directions and whether these shortcomings rendered the verdict unsafe and unsatisfactory.

The court held that the trial judge's directions did not adequately convey the necessity for the prosecution to establish the charges beyond a reasonable doubt, nor did they sufficiently address the requirement for corroboration. The court found that these deficiencies meant that the jury might not have properly applied the principles of the burden of proof and corroboration, thus affecting the safety and reliability of the verdict. Consequently, the court concluded that the convictions were unsafe and unsatisfactory, and the appeal was allowed. The convictions were quashed, and a retrial was ordered to ensure that the appellant received a fair trial with proper judicial directions.

Orders

Orders of the court

Appeal allowed

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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