Miles v The Queen

Case [2013] ACTCA 52


CHRISTOPHER MILES v THE QUEEN
[2013] ACTCA 52 (20 December 2013)

APPEAL AND NEW TRIAL – PRACTICE AND PROCEDURE – application for leave to appeal to Court of Appeal from interlocutory order of trial judge – whether appeal lies against ruling on evidence – matter not raised by parties.

APPEAL AND NEW TRIAL – PRACTICE AND PROCEDURE – matters to be considered in granting leave to appeal interlocutory decision in criminal proceedings – whether decision attended by sufficient doubt to warrant appellate intervention – whether any substantial injustice would result from refusal of leave – whether grant of leave would inappropriately fragment trial process – whether exceptional circumstances justified grant of leave.

APPEAL AND NEW TRIAL – PRACTICE AND PROCEDURE – application for leave to appeal interlocutory decision in criminal proceedings – conclusions open to trial judge – decision not attended by sufficient doubt to warrant appellate consideration – no injustice would result from refusal of leave – grant of leave would inappropriately fragment trial process – no exceptional circumstances justifying grant of leave – leave to appeal refused.

CRIMINAL LAW – EVIDENCE – Circumstances in which evidence of events improbable to have happened coincidentally may be admitted – s 98 of the Evidence Act 2011 (ACT) – accused charged with three robberies with various similarities – Crown application for evidence of each robbery to be admissible as “coincidence” evidence in relation to the other robberies – defence application for separate trials if Crown application dismissed – whether probative value of coincidence evidence substantially outweighed any prejudicial effect of the evidence – nature of prejudice required to be considered – no unfair prejudicial effect identified – no risk of properly instructed jury reasoning inappropriately having regard to nature of coincidence evidence – evidence admissible on coincidence basis – no need to consider application for separate trials.

Evidence Act 2011 (ACT), ss 98, 101
Evidence Act 1995 (NSW)
Dao v The Queen (2011) 81 NSWLR 568
DSJ v R; NS v R (2012) 259 FLR 262; [2012] NSWCCA 9
R v Miles [2013] ACTSC 48
The Queen v AI, AD and JR [2013] ACTCA 16

Odgers (Uniform Evidence Law (10th ed, Thomson Reuters, 2012))

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 15 – 2013
No. SCC 395B – 2011

Judge:           Penfold J
Court of Appeal of the Australian Capital Territory
Date:            20 December 2013

IN THE SUPREME COURT OF THE       )          No. ACTCA 15 of 2013
  )          No. SCC 395B of 2011
AUSTRALIAN CAPITAL TERRITORY    )
  )
COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:CHRISTOPHER MILES

Appellant

AND:THE QUEEN

Respondent

ORDER

Judge:  Penfold J
Date:  22 July 2013
Place:  Canberra

THE COURT ORDERS THAT:

  1. Leave to appeal the ruling of the trial judge is refused.

IN THE SUPREME COURT OF THE       )          No. ACTCA 15 of 2013
  )          No. SCC 395B of 2011
AUSTRALIAN CAPITAL…

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AGLC
Miles v The Queen [2013] ACTCA 52
Case
[2013] ACTCA 52
Decision Date

CaseChat Overview and Summary

The Court of Appeal of the Australian Capital Territory considered an application for leave to appeal an interlocutory ruling made by a trial judge. The applicant, Miles, sought leave to appeal a decision concerning the admissibility of evidence under section 98 of the *Evidence Act 2011* (ACT). The Crown had applied to admit evidence of three separate robberies as "coincidence" evidence, arguing that the similarities between the events made them improbable to have occurred coincidentally. The defence had also made a separate application for separate trials, contingent on the Crown's application being dismissed.

The primary legal issue before the Court of Appeal was whether leave to appeal the trial judge's interlocutory ruling on the admissibility of the coincidence evidence should be granted. This required the Court to consider whether the ruling was attended by sufficient doubt to warrant appellate intervention, whether a substantial injustice would result from refusing leave, and whether granting leave would inappropriately fragment the trial process. The Court also considered the principles governing the admission of coincidence evidence, specifically whether its probative value substantially outweighed any prejudicial effect, and whether there was a risk of unfair prejudice to the accused.

Penfold J reasoned that the trial judge's decision to admit the evidence on a coincidence basis was sound. The similarities between the robberies were such that their occurrence coincidentally was improbable, and the probative value of this evidence was not outweighed by any unfair prejudicial effect. The Court found no risk that a properly instructed jury would reason inappropriately. Consequently, the decision was not attended by sufficient doubt to warrant appellate consideration, no injustice would result from refusing leave, and granting leave would inappropriately fragment the trial process. No exceptional circumstances justified granting leave.

Accordingly, leave to appeal the ruling of the trial judge was refused.

Orders

Orders of the court

1. Leave to appeal the ruling of the trial judge is refused.

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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