Marshall v The King

Case [2023] ACTCA 11


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Marshall v The King

Citation:

[2023] ACTCA 11

Hearing Date: 

10 November 2022

DecisionDate:

24 February 2023

Before:

Mossop, Loukas-Karlsson, and Abraham JJ

Decision:

(1)       The appeal is dismissed.

Catchwords:

APPEAL – CRIMINAL LAW – Appeal against conviction – whether verdict unreasonable – whether trial judge erred in admitting identification evidence – whether trial judge erred in admitting photograph of person known to police – whether trial judge erred in admitting evidence of consciousness of guilt – whether miscarriage of justice resulted from calling three particular witnesses – appeal dismissed

Legislation Cited:

Court Procedures Rules 2006 (ACT), r 5531

Criminal Code 2002 (ACT), s 310

Evidence Act 2011 (ACT), ss 38, 55, 56, 114, 128, 137, 138

Cases Cited:

Adam v The Queen [2001] HCA 57; (2001) 207 CLR 96

Alexander v The Queen [1981] HCA 17; (1981) 145 CLR 39
Baker v The Queen [2020] ACTCA 55
Bayley v The Queen [2016] VSCA 160; (2019) 260 A Crim R 1
BI v The Queen (No 2) [2018] ACTCA 11

Dansie v The Queen [2022] HCA 25; (2022) 96 ALJR 728

Edwards v The Queen (1993) 178 CLR 193; [1993] HCA 63
Festa v The Queen [2001] HCA 72; (2001) 208 CLR 593
Gilbert v The Queen [2000] HCA 15; 201 CLR 414
Glennon v The Queen [1992] HCA 16; (1992) 173 CLR 592
Hillier v The Queen [2007] HCA 13; (2007) 228 CLR 618
Keuhne v The Queen [2012] NSWCCA 270
Libke v The Queen [2007] HCA 30; (2007) 230 CLR 559
Lodhi v The Queen [2007] NSWCCA 360; (2007) 179 A Crim R 470
M v The Queen [1994] HCA 63; (1994) 181 CLR 487
Marsh v The Queen [2018] ACTCA 55
Meakin v The Queen [2018] NSWCCA 288
Munro v The Queen [2014] ACTCA 11
MZ v The Queen [2020] ACTCA 41
Nikolovski v The Queen [2021] NSWCCA 327
Papakosmas v The Queen [1999] HCA 37; (1999) 196 CLR 297
Pell v The Queen [2020] HCA 12; (2020) 94 ALJR 394
R v Bi [2016] ACTSC 355
R v Blick [2000] NSWCCA 61; (2000) 111 A Crim R 326
R v Kearney [2013] SASC 121; (2013) 223 A Crim R 527
R v Marshall (No 2) [2022] ACTSC 102
R v Power [1996] SASC 5653; (1996) 87 A Crim R 407
R v Smith (No 3) [2014] NSWSC 771
R v Suteski [2002] NSWCCA 509; (2002) 56 NSWLR 182
Richardson v The Queen [1974] HCA 19; (1974) 131 CLR 116
Smith v The Queen [2001] HCA 50; (2001) 206 CLR 650
Sulaeman v The Queen [2013] NSWCCA 283
The Queen v Apostilides [1984] HCA 38; (1984) 154 CLR 563
The Queen v Baden-Clay [2016] HCA 35; (2016) 258 CLR 308
UQ v The Queen [2019] ACTCA 23; (2019) 14 ACTLR 172

Continue reading Marshall v The King

Sign in free to access the full text

Details
AGLC
Marshall v The King [2023] ACTCA 11
Case
[2023] ACTCA 11
Decision Date

CaseChat Overview and Summary

The appellant, Jackson Nathanial Jai Marshall, appealed his conviction for aggravated robbery, which was returned by a jury in the Supreme Court of the Australian Capital Territory. The Crown case alleged that the appellant, along with at least one other person, approached the victim, threatened him with a knife, and stole his belongings, including a vehicle. The central issue at trial was the identification of the appellant as the assailant, as there was no dispute that a robbery had occurred.

The appellant raised five grounds of appeal. These included claims that the jury's verdict was unreasonable, that the trial judge erred in admitting identification evidence derived from a Facebook photograph, that the judge wrongly admitted a photograph of an individual known as "Sugi" for comparison, that evidence of consciousness of guilt from the deletion of online messages was improperly admitted, and that a miscarriage of justice occurred due to the calling of three specific witnesses. The appeal court noted that there was no challenge to the correctness or adequacy of the jury directions.

The Court of Appeal dismissed the appeal. It reasoned that the Crown's case was circumstantial, relying on multiple strands of evidence. These included the appellant's presence in the vicinity of the robbery, descriptions of the offender consistent with the appellant's appearance, the victim's identification of the appellant's Facebook photograph, witness sightings of the stolen vehicle, forensic evidence linking the appellant to the vehicle, and evidence of association with other individuals linked to the vehicles. The court found that the trial judge had not erred in admitting the challenged evidence and that the cumulative effect of the evidence was sufficient to support the jury's verdict, thus no miscarriage of justice had occurred.

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.