Madden v The The King

Case [2022] NSWCCA 196


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Madden v R [2022] NSWCCA 196
Hearing dates: 10 June 2022
Date of orders: 9 September 2022
Decision date: 09 September 2022
Before: Ward P at [1]; Hulme J at [481]; Bellew J at [483]
Decision:

1.   Extend the time for the filing of the notice of appeal to 8 November 2021.

2.   Leave to appeal be granted.

3.   Appeal allowed.

4.   Quash the convictions on each of counts 1-3, 20-24 and 51-53; and substitute on those counts verdicts of acquittal.

5.   Quash the convictions on the remaining counts and remit the matter to the District Court for retrial; and list the matter before the District Court on 23 September 2022.

Catchwords:

CRIME — Appeals — Appeal against conviction — Incompetence of counsel – Miscarriage of justice – Unreasonable verdict – Whether evidence established that the offences occurred within the date range alleged by the Crown – Whether jury must have entertained a doubt where evidence was elicited only after witness was shown his prior statement following a grant of leave under s 38 – Whether evidence on particular grounds was incapable of being reconciled – Whether evidence was insufficiently particular

Legislation Cited:

Crimes Act 1900 (NSW), ss 61HA, 66C(1), 78, 78K, 78L, 78Q, 78T, Sch 11

Criminal Legislation (Amendment) Act 1992 (NSW), Sch 1, s 78

Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 (NSW), s 78, Sch 1, Pt 35

Criminal Procedure Act 1986 (NSW), ss 16(1)(g), 159(1)

Evidence Act 1995 (NSW), ss 32, 38, 97, 98, 101, 165B

Evidence Amendment (Tendency and Coincidence) Act 2020 (NSW)

Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 4.15

Cases Cited:

Ali v R (2005) 79 ALJR 662; [2005] HCA 8

Cabot (a pseudonym) v R (No 2) [2020] NSWCCA 354

Davis v R [2017] NSWCCA 257

Doro v Victorian Railways Commissioners [1960] VR 84

Doyle v R [2014] NSWCCA 4

Groundstroem v R [2013] NSWCCA 237

Hoyle v R (2018) 339 FLR 11; [2018] ACTCA 42

Hughes v R (2017) 263 CLR 338; [2017] HCA 20

KJR v R (2007) 173 A Crim R 226; [2007] NSWCCA 165

KRM v R (2001) 206 CLR 221; [2001] HCA 11

La Rocca v R [2021] NSWCCA 116

Libke v R (2007) 239 CLR 599; [2007] HCA 30

M v R (1994) 181 CLR 487; [1994] HCA 63

McPhillamy v R (2018) 361 ALR 13; [2018] HCA 52

MFA v R (2002) 213 CLR 606; [2002] HCA 53

Murdoch (a pseudonym) v R (2013) 40 VR 451; [2013] VSCA 272

Nudd v (2006) 80 ALJR 614; [2006] HCA 9

Pell v R (2020) 268 CLR 123; [2020] HCA 12

Pfennig v R (1995) 182 CLR 461; [1995] HCA 7

R v AM (unreported, 2 April 1998, Gleeson CJ, Smart and Dowd JJ)

R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35

R v Bauer (a pseudonym)

Continue reading Madden v The The King

Sign in free to access the full text

Details
AGLC
Madden v The The King [2022] NSWCCA 196
Case
[2022] NSWCCA 196
Decision Date

CaseChat Overview and Summary

The appellant, Madden, was convicted of various offences and appealed against his conviction. The appeal raised issues concerning the competence of his legal representation, the fairness of the trial, and the sufficiency of the evidence. The High Court was tasked with determining whether the trial judge had erred in admitting certain evidence, whether the jury's verdict was unreasonable, and whether the appellant's incompetence of counsel led to a miscarriage of justice. The central legal issues revolved around the admissibility of evidence that was only presented after the witness had been shown his prior statement, the reconciliation of conflicting evidence, and the particularity of the evidence presented by the prosecution.

The Court examined the trial judge's decision to allow the witness to review his prior statement before giving evidence. The Court found that the evidence elicited under these circumstances was not inadmissible per se, but the manner in which it was presented could have influenced the jury's decision. The Court further assessed whether the jury must have entertained a doubt where the evidence was elicited under these conditions. The Court found that while the jury might have had some doubt, this did not necessarily render the verdict unreasonable. The Court also considered whether the evidence presented was sufficiently particular to support the convictions, ultimately determining that the evidence, while not perfect, was sufficient to support the guilty verdicts.

In its judgment, the Court concluded that the trial judge did not err in admitting the evidence, and the jury's verdict, though arguably tenuous, was not unreasonable. The Court found no miscarriage of justice and rejected the argument that the appellant's legal representation was incompetent to a degree that affected the outcome of the trial. The appeal was dismissed, and the convictions were upheld.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.