NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION: NORRIS v REGINA [2007] NSWCCA 235
FILE NUMBER(S):
No. 2007/236
HEARING DATE(S): Tuesday 10 April 2007
JUDGMENT DATE: 6 August 2007
PARTIES:
NORRIS, Stephen Maxwell
v REGINA
JUDGMENT OF: McClellan CJ at CL Howie J Hall J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/21/3143
LOWER COURT JUDICIAL OFFICER: Nicholson DCJ
LOWER COURT DATE OF DECISION: 11 April 2006
COUNSEL:
Crown: J Girdham
App: P Hamill SC
SOLICITORS:
Crown: S Kavanagh
App: Michael Croke & Co
CATCHWORDS:
Criminal law - appeal against convictions - indictment containing multiple counts of sexual offences against one complainant - guilty verdicts on first two counts and acquittals on remaining two counts - unsafe and unsatisfactory verdict principles - unreasonable and insupportable verdicts - test for determining unreasonableness of jury's verdict - significance of acquittals when considering unreasonableness of guilty verdicts - prosecution relying on direct evidence of complainant - credibility of complainant - making or failing to make complaint going to credibility of complainant - delay - s.6(1), Criminal Appeal Act 1912
LEGISLATION CITED:
Crimes Act 1900
Criminal Appeal Act 1912
CASES CITED:
Hayes v The Queen (1973) 47 ALJR 603
Jones v The Queen (1997) 191 CLR 439
M v The Queen (1994) 181 CLR 487
MacKenzie v The Queen (1997) 190 CLR 348
MFA v The Queen (2002) 213 CLR 606
Morris v The Queen (1987) 163 CLR 454
Regina v Maddox (Queensland Court of Appeal, McPherson J)
Regina v Markuleski (2001) 52 NSWLR 82
Regina v R (1989) 18 NSWLR 74
Regina v Workman (2004) 60 NSWLR 471
DECISION:
Appeal upheld. The convictions on Counts 1 and 2 set aside.
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
No. 2007/236
McCLELLAN CJ at CL
HOWIE J
HALL JMONDAY 6 AUGUST 2007
STEPHEN MAXWELL NORRIS v. REGINA
Judgment
McCLELLAN CJ at CL: I have had the benefit of reading the judgments of both Howie and Hall JJ in draft. I regret that I do not share their Honour’s view that the verdicts on the first two counts were unreasonable.
Section 6(1) of the Criminal Appeal Act 1912 NSW obliges this Court to set aside the verdict of a jury that is “unreasonable or cannot be supported”, having regard to the evidence “… or that on any other ground whatsoever there was a miscarriage of justice.”
Various decisions of the High Court and of this Court consider the problems which a court faces when applying this provision (see M v The Queen (1994) 181 CLR 487, Jones v The Queen (1997) 191 CLR 439, MacKenzie v The Queen (1996) 190 CLR 348; MFA v The Queen (2002) 213 CLR 606; R v Markuleski (2001) 52 NSWLR 82). One of the difficulties is the significance to be accorded to the fact that a jury, which for present purposes must be assumed to be properly instructed, has returned a guilty verdict. That difficulty is emphasised when the jury has…
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- Norris v R [2007] NSWCCA 235
- Case
- [2007] NSWCCA 235
- Decision Date
CaseChat Overview and Summary
The High Court found that the not guilty verdicts on the last two counts suggested that the jury either rejected the complainant's reliability in relation to the alleged offences or were unwilling to convict based solely on the complainant's evidence. This was particularly relevant in light of the lengthy delay before the matter was reported to the police. The court concluded that the Crown's case essentially depended on accepting the complainant's evidence as reliable. Given that the only supporting evidence for the first two counts was related to the opportunity and, to some extent, the complainant's credibility, the not guilty verdicts on the last two counts could only be rationally explained by the jury concluding that the events were improbable or that they were not prepared to convict based on the complainant's evidence alone. Consequently, the guilty verdicts on the first two counts were deemed unreasonable and insupportable, constituting a miscarriage of justice.
The court decided to uphold the appeal and set aside the convictions on Counts 1 and 2, emphasising the importance of the jury's verdicts in the context of the complainant's credibility and the long delay before the allegations were reported to the police. The decision underscores the necessity for a coherent and rational explanation for the jury's verdicts, particularly when there are acquittals on related counts. The acquittals played a significant role in the court's assessment of the reasonableness of the guilty verdicts, ultimately leading to the conclusion that a miscarriage of justice had occurred.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: CLELLAN CJ
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