SUPREME COURT OF VICTORIA
COURT OF APPEAL
No 984 of 2008
| SARAH MARTIN |
| v |
| THE QUEEN |
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| JUDGES | BUCHANAN, ASHLEY and REDLICH JJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 29 April 2010 |
| DATE OF JUDGMENT | 24 June 2010 |
| MEDIUM NEUTRAL CITATION | [2010] VSCA 153 |
| JUDGMENT APPEALED FROM | R v Martin (Unreported, County Court of Victoria, Judge Wodak, 12 December 2008) |
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Criminal Law – Conviction – Whether judge erred in ruling that there was no evidence to support defence of duress – Whether cross-examination of applicant to suggest that she was saying other witnesses had lied was impermissible – Internet print outs of the meaning ‘beyond reasonable doubt’ found in jury room after jury discharged – Whether search in defiance of judge’s directions – Whether breach of s 78A, Juries Act 2000 – Whether assumed irregularities required that there be a new trial – Application for leave to appeal refused.
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| Appearances: | Counsel | Solicitors |
For the Applicant | Mr T Kassimatis | Balmer and Associates Pty |
For the Crown | Mr J D McArdle with Ms D I Piekusis | Mr C Hyland, Solicitor for Public Prosecutions |
BUCHANAN JA:
I agree with Ashley JA.
ASHLEY JA:
On 9 December 2008 a jury in the County Court found the applicant guilty of one count of armed robbery (count 1) and one count of possession of a drug of dependence (count 2). On 12 December, she was sentenced to four years’ imprisonment,[1] with a non parole period of two years’ imprisonment.
[1]This was the total effective sentence.
Now the applicant seeks leave to appeal against conviction.[2] The grounds of appeal are as follows:
[2]On 29 April 2010 the court granted the applicant leave to abandon an application for leave to appeal against sentence.
1.The trial miscarried by reason of the jury’s, in breach of their duty and the directions given them by the learned trial Judge, unilateral search and use of the internet for exposition of the burden and criminal standard of proof.
2. The trial miscarried by reason of:
(a)the Prosecutor’s cross-examination of the applicant on whether the accomplice REVERA, the complainant WILSON and investigating POLICE had lied either to the applicant or in their evidence; and
(b)the trial Judge’s having failed properly or at all to direct the jury on the law in the light of that impermissible line of cross-examination;
3.The learned trial Judge erred by concluding and ruling that the defence on which the applicant had at all relevant times relied – duress – was not open and thus would not be left for consideration by the jury.
4.The trial miscarried by reason of the trial Judge’s having invited the Prosecutor to seek leave to re-open the Crown case, and by the Judge’s having permitted the Prosecutor so to do, for the purpose solely of adducing evidence from a member of police, immaterial to the issues joined by the parties at trial, but which contradicted evidence given by the applicant.
5.The trial miscarried as a consequence of the cumulation of some…
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- AGLC
- Martin v the Queen [2010] VSCA 153
- Case
- [2010] VSCA 153
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the judge erred in ruling that there was no evidence to support the defence of duress. Additionally, the court had to consider whether the cross-examination of the applicant was permissible in suggesting that he was accusing other witnesses of lying. The court also had to decide if the search of the jury room was in defiance of the judge’s directions and if it breached the provisions of s 78A of the Juries Act 2000. Finally, the court had to assess whether these alleged irregularities warranted a new trial.
The court found that there was no error in the judge's ruling on the defence of duress, as the evidence did not support it. The court held that the cross-examination did not improperly suggest that the applicant was accusing other witnesses of lying. Regarding the search of the jury room, the court concluded that there was no evidence of a breach of the judge’s directions or of s 78A of the Juries Act 2000. The court determined that the alleged irregularities did not necessitate a new trial. Consequently, the application for leave to appeal was refused.
No further orders were made by the court.
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