McCARROL -v- THE QUEEN [2004] WASCA 131
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2004] WASCA 131 | |
| COURT OF CRIMINAL APPEAL | 21/06/2004 | ||
| Case No: | CCA:144/2003 | 12 MAY 2004 | |
| Coram: | MALCOLM CJ MURRAY J MCLURE J | 12/05/04 | |
| 13 | Judgment Part: | 1 of 1 | |
| Result: | Leave granted, Appeal allowed, Convictions quashed, Remanded to District Court for new trial | ||
| B | |||
| PDF Version |
| Parties: | WAYNE RAMON McCARROL THE QUEEN |
Catchwords: | Criminal law and procedure Sexual offences Admission into evidence of accused's possession of child pornography Possession years after commission of alleged offences Evidence inadmissible having regard to circumstances of case Turns on own facts |
Legislation: | Nil |
Case References: | Edwards v The Queen (1993) 178 CLR 193 Hill v The Queen [2003] WASCA 177 Mule v The Queen [2004] WASCA 7 Narkle v The Queen (2001) 23 WAR 468 Palmer v The Queen (1998) 193 CLR 1 R v Aziz [1996] AC 41 R v Beck [1990] 1 Qd R 30 R v Soma (2003) 212 CLR 299 B v The Queen (1992) 175 CLR 599 BRS v The Queen (1997) 191 CLR 275 Gipp v The Queen (1998) 194 CLR 106 Harriman v The Queen (1989) 167 CLR 590 Hoch v The Queen (1988) 165 CLR 292 R v KRM (2001) 118 A Crim R 262 M v The Queen (1994) 181 CLR 487 Noor Mohamed v The Queen [1949] AC 182 R v Anderson, unreported; SCt of WA; Library No 940378; 10 June 1994 R v Sampson [1989] 2 NZLR 288 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : McCARROL -v- THE QUEEN [2004] WASCA 131 CORAM : MALCOLM CJ
- MURRAY J
MCLURE J
- Appellant
AND
THE QUEEN
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : KENNEDY DCJ
File Number : IND 675 of 2002
(Page 2)
Catchwords:
Criminal law and procedure - Sexual offences - Admission into evidence of accused's possession of child pornography - Possession years after commission of alleged offences - Evidence inadmissible having regard to circumstances of case - Turns on own facts
Legislation:
Nil
Result:
Leave granted
Appeal allowed
Convictions quashed
Remanded to District Court for new trial
Category: B
Representation:
Counsel:
Appellant : Mr D P A Moen
Respondent : Mr R E Cock QC
Solicitors:
Appellant : Ian Hope
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Edwards v The Queen (1993) 178 CLR 193
Hill v The Queen [2003] WASCA 177
Mule v The Queen [2004] WASCA 7
Narkle v The Queen (2001) 23 WAR 468
Palmer v The Queen (1998) 193 CLR 1
R v Aziz [1996] AC 41
R v Beck [1990] 1 Qd R 30
R v Soma (2003) 212 CLR 299
(Page 3)
Case(s) also cited:
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- McCarrol v The Queen [2004] WASCA 131
- Case
- [2004] WASCA 131
- Decision Date
CaseChat Overview and Summary
The appellant, McCarrol, was convicted of multiple sexual offences against a child and the case was heard by the High Court of Australia. The crux of the appeal was the admissibility of evidence concerning the appellant's possession of child pornography many years after the alleged offences. The prosecution sought to use this evidence to demonstrate propensity, but the trial judge excluded it on the basis it was unfairly prejudicial and had minimal probative value. The central legal issue before the court was whether the trial judge had erred in excluding this evidence, particularly in light of the appellant's possession of the material years after the offences were committed.
The court considered the criteria for admissibility of propensity evidence under the common law, focusing on the relevance and probative value of the evidence against its prejudicial effect. The High Court held that the trial judge had applied the correct legal principles, but had erred in his assessment of the prejudicial effect of the evidence. The court noted that the appellant's possession of the child pornography years after the alleged offences did not significantly enhance the probative value of the evidence, and the potential for unfair prejudice was high. The court emphasised that the circumstances of each case must be carefully considered when assessing the admissibility of propensity evidence.
Ultimately, the court found that the trial judge's exclusion of the evidence was appropriate given the circumstances of this case. The High Court granted leave to appeal, allowed the appeal, quashed the convictions, and remanded the case to the District Court for a new trial. The decision underscores the importance of a careful and nuanced approach when determining the admissibility of propensity evidence in sexual offence cases.
The court considered the criteria for admissibility of propensity evidence under the common law, focusing on the relevance and probative value of the evidence against its prejudicial effect. The High Court held that the trial judge had applied the correct legal principles, but had erred in his assessment of the prejudicial effect of the evidence. The court noted that the appellant's possession of the child pornography years after the alleged offences did not significantly enhance the probative value of the evidence, and the potential for unfair prejudice was high. The court emphasised that the circumstances of each case must be carefully considered when assessing the admissibility of propensity evidence.
Ultimately, the court found that the trial judge's exclusion of the evidence was appropriate given the circumstances of this case. The High Court granted leave to appeal, allowed the appeal, quashed the convictions, and remanded the case to the District Court for a new trial. The decision underscores the importance of a careful and nuanced approach when determining the admissibility of propensity evidence in sexual offence cases.
Orders
Orders of the court
Leave granted, Appeal allowed, Convictions quashed, Remanded to District Court for new trial
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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