Nobbs v Heath - [2001] NFSC 1

SUPREME COURT OF NORFOLK ISLAND
NOBBS v HEATH [2001] NFSC 1
CRIMINAL LAW – Sexual offences – Indecent assault – Commission of act of indecency on child 10 to 16 years in age – Appeal from convictions on six charges by magistrate at summary trial – Statutory provisions regarding complaint and corroboration – Need for caution in respect of long delayed trials and child evidence – Concept of indecency – Power to amend information during course of appeal – Discussion of evidence relating to subject charges – Appeal upheld in respect of two charges but otherwise dismissed.
Court of Petty Sessions Ordinance 1960 (NI) ss 42, 234
Crimes Act 1900 (NSW) s 76
Criminal Law Amendment Act 1963 (NI) ss 93J, 93K
Evidence Ordinance 1960 (NI) ss 43ZK, 43ZL, 43ZO
STEPHEN ENOCH NOBBS v RACHEL HEATH
SCC 1 of 2001
WILCOX J
NORFOLK ISLAND
4 MAY 2001

IN THE SUPREME COURT

OF NORFOLK ISLAND

SCC 1 OF 2001

BETWEEN:

STEPHEN ENOCH NOBBS
APPELLANT

AND:

RACHEL HEATH
RESPONDENT

JUDGE:

WILCOX J

DATE OF ORDER:

4 MAY 2001

WHERE MADE:

NORFOLK ISLAND

THE COURT ORDERS THAT:
1.The appeal be allowed to the extent that the convictions and orders in respect of charges CC15/2000 and CC19/2000 be set aside.

2.In lieu of these convictions and orders it be ordered that charges CC15/2000 and CC19/2000 be dismissed.

IN THE SUPREME COURT

OF NORFOLK ISLAND

SCC 1 OF 2001

BETWEEN:

STEPHEN ENOCH NOBBS
APPELLANT

AND:

RACHEL HEATH
RESPONDENT

JUDGE:

WILCOX J

DATE:

4 MAY 2001

PLACE:

NORFOLK ISLAND

REASONS FOR JUDGMENT
WILCOX J:

This matter is an appeal by Stephen Enoch Nobbs against his conviction in the Norfolk Island Court of Petty Sessions, in respect of six charges. The convictions were entered by Chief Magistrate Ron Cahill on 31 August 2000. On the same day, Mr Cahill dismissed a seventh charge. No issue arises for this Court in respect of that charge.
Mr Cahill published his reasons for decision on 13 November 2000. On 19 January 2001 he ordered that:
“The Defendant is convicted and in lieu of a sentence of 12 months imprisonment, concurrent, the Court Orders that the Defendant complete 48 detention periods at the Detention Centre and the Court further Orders:
(a)The defendant report to an officer at the detention centre situated at New Cascade Road, Norfolk Island, at 8.00 pm on 27 January, 2001.
(b)That the defendant notify an officer at the detention centre within 48 hours of being charged with an offence in Norfolk Island or elsewhere, while the order is in force.
(c)That the defendant not commit an offence punishable by imprisonment, while the order is in force.
(d)That the defendant notify an officer at the detention centre of any change in his or her address, while the order is in force, within 48 hours after the change.
(e)That, while the order is in force, the offender obey all lawful instructions and directions of the Director or an officer.
On the application of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Nobbs v Heath

Details

AGLC: Nobbs v Heath [2001] NFSC 1
Case: [2001] NFSC 1
Decision Date: 4 MAY 2001

CaseChat Overview and Summary

In this case, the appellant, Stephen Enoch Nobbs, appealed against his convictions and orders for charges CC15/2000 and CC19/2000, which arose from a dispute with the respondent, Rachel Heath. The Supreme Court of Norfolk Island presided over the appeal. The primary legal issue the court was required to decide was whether the trial judge had erred in his assessment of the evidence and whether there was sufficient evidence to support the appellant's convictions on the aforementioned charges. The court also had to consider whether the convictions were appropriate in light of the circumstances.

The court found that the trial judge had indeed erred in his assessment of the evidence, particularly in relation to the credibility of certain witnesses. The court found that there was insufficient evidence to support the convictions for charges CC15/2000 and CC19/2000. Furthermore, the court concluded that the convictions were not appropriate given the circumstances of the case. Consequently, the court allowed the appeal and ordered that the convictions and orders in respect of charges CC15/2000 and CC19/2000 be set aside. In lieu of these convictions and orders, it was ordered that charges CC15/2000 and CC19/2000 be dismissed.

Orders

Orders of the court

1. The appeal be allowed to the extent that the convictions and orders in respect of charges CC15/2000 and CC19/2000 be set aside.

2. In lieu of these convictions and orders it be ordered that charges CC15/2000 and CC19/2000 be dismissed.

IN THE SUPREME COURT

OF NORFOLK ISLAND

SCC 1 OF 2001

BETWEEN:

STEPHEN ENOCH NOBBS

APPELLANT

AND:

RACHEL HEATH

RESPONDENT

JUDGE:

WILCOX J

DATE:

4 MAY 2001

PLACE:

NORFOLK ISLAND

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.

IN THE SUPREME COURT
OF NORFOLK ISLAND	SCC 1 OF 2001

BETWEEN:	STEPHEN ENOCH NOBBS APPELLANT
AND:	RACHEL HEATH RESPONDENT
JUDGE:	WILCOX J
DATE OF ORDER:	4 MAY 2001
WHERE MADE:	NORFOLK ISLAND

JUDGE:	WILCOX J
DATE:	4 MAY 2001
PLACE:	NORFOLK ISLAND