[2016] TASCCA 21
COURT: SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)
CITATION: Marshall and Richardson v Tasmania [2016] TASCCA 21
PARTIES: MARSHALL, Damien Wesley
v
STATE OF TASMANIA
RICHARDSON, Sean Gregory
v
STATE OF TASMANIA
FILE NOS: CCA 2192/2015
CCA 2195/2015
DELIVERED ON: 7 December 2016
DELIVERED AT: Launceston
HEARING DATE: 11 November 2016
JUDGMENT OF: Tennent, Estcourt and Brett JJ
CATCHWORDS:
Criminal Law – Appeal and new trial – Particular grounds of appeal – Irregularities in relation to jury – Matters available to jury in jury room – Printouts about meaning of "beyond reasonable doubt" and how to deal with circumstantial evidence found in jury room after verdict – Has irregularity affected the verdict and would jury have returned same verdict had irregularities not occurred? – Impact of directions of trial judge on question.
R v Wilton [2013] SASCFC 60; Gilbert v The Queen [2000] HCA 15, 109 A Crim R 580; Sio v The Queen [2016] HCA 32, followed.
Aust Dig Criminal Law [3512]
REPRESENTATION:
Counsel:
First Appellant: E Hughes
Second Appellant: E Hughes
Respondent: J Ransom
Solicitors:
First Appellant: Rae & Partners Lawyers
Second Appellant: Rae & Partners Lawyers
Respondent: Director of Public Prosecutions
Judgment Number: [2016] TASCCA 21
Number of paragraphs: 76
Serial No 21/2016
File Nos 2192/2015
2195/2015
DAMIEN WESLEY MARSHALL v STATE OF TASMANIA
SEAN GREGORY RICHARDSON v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
TENNENT J
ESTCOURT J
BRETT J
7 December 2016
Order of the Court
Appeals dismissed.
Serial No 21/2016
File Nos 2192/2015
2195/2015
DAMIEN WESLEY MARSHALL v STATE OF TASMANIA
SEAN GREGORY RICHARDSON v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
TENNENT J
7 December 2016
I have had the benefit of reading the draft reasons of Brett J. I agree with those reasons and would also dismiss both appeals.
File Nos 2192/2015
2195/2015
DAMIEN WESLEY MARSHALL v STATE OF TASMANIA
SEAN GREGORY RICHARDSON v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
ESTCOURT J
7 December 2016
The appeals
On 17 September 2015 the appellants, Sean Gregory Richardson and Damien Wesley Marshall, were each found guilty by a jury of one count of aggravated assault and one count of wounding.
Both men have appealed to this Court on the ground that the jury had regard to documents during the course of its deliberations which were not in evidence in the trial, and that a miscarriage of justice occurred as a result.
The documents referred to were three pages of computer printout from a website, the uniform resource locator of which was < It appears to have been prepared in the United States of America. Two pages were devoted to the legal definition of the term "beyond reasonable doubt" and the third related to the legal definition of circumstantial evidence ("the Free Dictionary documents"). The documents were found by the trial judge's attendant when cleaning up in…
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- Case
- [2016] TASCCA 21
- Decision Date
CaseChat Overview and Summary
The Full Court was required to determine whether these irregularities had affected the verdict and, if so, whether the jury would have returned the same verdict had the irregularities not occurred. The court also had to consider the impact of the trial judge's directions on these questions.
The Court reasoned that while the presence of the printouts constituted an irregularity, it did not necessarily vitiate the verdict. The judges applied the principle that an irregularity will only lead to a new trial if it can be shown to have actually affected the verdict or if there is a real possibility that it did. In this instance, the Court found that the directions given by the trial judge were clear and comprehensive, and that the jury had been properly instructed on the relevant legal principles. Consequently, the Court concluded that the jury would have reached the same verdict even in the absence of the printouts.
The appeals were accordingly dismissed.
Orders
Orders of the court
Appeals dismissed.
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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