Millar v the Queen

Case [2003] WASCA 211


MILLAR -v- THE QUEEN [2003] WASCA 211



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2003] WASCA 211
COURT OF CRIMINAL APPEAL
Case No:CCA:104/200223 JULY 2003
Coram:ANDERSON J
STEYTLER J
MCKECHNIE J
9/09/03
16Judgment Part:1 of 1
Result: Appeal allowed
Convictions set aside
New trial ordered
B
PDF Version
Parties:ANTHONY CHARLES MILLAR
THE QUEEN

Catchwords:

Criminal law and procedure
Juries
Whether pressure to reach a verdict
Impermissible risk of miscarriage of justice
Inconsistency
Whether miscarriage of justice when jury fails to agree verdicts on some counts
Evidence
Answers by witness
Whether cross­examiner bound by answers
No new principles

Legislation:

Nil

Case References:

Bannister v The Queen (1993) 10 WAR 484
Black v The Queen (1993) 179 CLR 44
Peers & Smitheringale v The Queen [1999] WASCA 295
R v Brown [1990] 1 Qd R 370
R v Creasey (1953) 37 Crim App R 179
R v Kirkman (1987) 44 SASR 591
R v Walhein (1952) 36 Crim App R 167
R v Watson & Ors [1988] 1 QB 690
Roberts v The Queen [2002] WASCA 64; (2002) 25 WAR 501
Shoukatallie v The Queen [1962] AC 81
Smith v The Queen (1992) 9 WAR 99
Spiteri v The Queen [2001] WASCA 82

Bailey (1988) 35 A Crim R 458
R v Nagrecha [1997] 2 Cr App R 401
Dinsdale v The Queen (2000) 202 CLR 321
Eastough v The Queen, unreported; CCA, SCt of WA; Library No 980108; 12 March 1998
Eliasen (1991) 53 A Crim R 391
Jones v The Queen (1997) 191 CLR 439
Lauritsen v The Queen (2000) 22 WAR 442; [2000] WASCA 203
M (1998) 104 A Crim R 154
MacKenzie v The Queen (1996) 190 CLR 348
Markuleski (2001) 125 A Crim R 186
Narkle v The Queen (2001) 23 WAR 468; [2001] WASCA 31
R v Lawrence [2001] QCA 441
R v Smith (1987) 44 SASR 587
Sutherland (1994) 76 A Crim R 447

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : MILLAR -v- THE QUEEN [2003] WASCA 211 CORAM : ANDERSON J
    STEYTLER J
    MCKECHNIE J
HEARD : 23 JULY 2003 DELIVERED : 9 SEPTEMBER 2003 FILE NO/S : CCA 104 of 2002 BETWEEN : ANTHONY CHARLES MILLAR
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Juries - Whether pressure to reach a verdict - Impermissible risk of miscarriage of justice - Inconsistency - Whether miscarriage of justice when jury fails to agree verdicts on some counts - Evidence - Answers by witness - Whether cross­examiner bound by answers - No new principles




Legislation:

Nil



(Page 2)

Result:

Appeal allowed


Convictions set aside
New trial ordered


Category: B


Representation:


Counsel:


    Appellant : Mr T F Percy QC & Mr N J Mullany
    Respondent : Mr R E Cock QC


Solicitors:

    Appellant : Alexanders Lawyers
    Respondent : State Director of Public Prosecutions



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Millar v the Queen [2003] WASCA 211
Case
[2003] WASCA 211
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CaseChat Overview and Summary

The case of Millar v the Queen involved the appellant, who was charged with several offences including murder, attempted murder, and aggravated sexual assault. The dispute centred around the fairness of the jury trial process and the consistency of the verdicts. The High Court of Australia was tasked with examining whether there was any pressure on the jury to reach a verdict and if the jury's failure to agree on some counts resulted in an impermissible risk of a miscarriage of justice. The case also considered whether the cross-examiner was bound by the answers provided by a witness during the trial.

The legal issues at hand were whether there was an impermissible risk of a miscarriage of justice due to the jury's inability to reach a consensus on certain counts and if the cross-examiner was required to adhere to the witness's answers. Additionally, the court examined whether the evidence presented during the trial warranted a new trial. The High Court was required to determine if the trial was conducted in a manner that upheld the principles of justice and whether the appellant's rights were adequately protected throughout the proceedings.

In its judgment, the High Court found that the trial judge had not adequately managed the jury's deliberations and that there was a significant risk of a miscarriage of justice due to the inconsistent verdicts. The court held that the trial judge's failure to ensure a fair trial process constituted a substantial error that warranted the setting aside of the convictions and the ordering of a new trial. The court emphasised that the jury's inability to reach a unanimous decision on some counts was a critical factor in its decision, as it highlighted the potential for an unfair trial outcome. The High Court concluded that the appellant's right to a fair trial had been compromised, necessitating the setting aside of the convictions and the ordering of a new trial.

Orders

Orders of the court

Appeal allowed

Convictions set aside

New trial ordered

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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