Oakley v Hyslop - [2014] ACTSC 314

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	Oakley v Hyslop
Citation:	[2014] ACTSC 314
Hearing Date:	14 November 2013
DecisionDate:	28 November 2014
Before:	Penfold J
Decision:	1. The appeal is upheld. 2. The appeal, the finding of guilt and the appellant’s conviction are set aside. 3. The matter is remitted to the Magistrates Court for further hearing and decision by a different Magistrate.
Category:	Principal Judgment
Catchwords:	APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – Points and Objections not Taken Below – evidence admitted in Magistrates Court was coincidence evidence as defined in Evidence Act – no compliance with Evidence Act notice requirements – no consideration by Magistrate of whether evidence had significant probative value – no consideration by Magistrate whether probative value of evidence substantially outweighed any prejudicial effect on defendant – no objection taken by defence counsel by reference to Evidence Act – failure to object not a waiver – evidence inadmissible because of Magistrate’s failure to consider probative value of evidence – appellant deprived of fair trial – evidence not necessarily inadmissible if Evidence Act provisions properly complied with – no finding that verdict unsafe and unsatisfactory – appeal upheld – matter remitted to Magistrates Court for further hearing and decision by different Magistrate. EVIDENCE – Admissibility and Relevancy – whether evidence is coincidence evidence – admissibility of coincidence evidence under Evidence Act – effect of failure to comply with statutory requirements for court to consider probative value of coincidence evidence and weigh probative value and prejudicial effect – evidence inadmissible because of lack of compliance with statutory requirements – evidence not necessarily inadmissible if statutory requirements complied with – matter remitted to Magistrates Court for further hearing and decision by different Magistrate.
Legislation Cited:	Evidence Act 1995 (Cth), ss 98, 98(1)(b), 99, 100, 101(2), 190, Dictionary
Cases Cited:	AN (2000) 117 A Crim R 176 Bryant v The Queen [2011] NSWCCA 26 Christopher Miles v The Queen [2013] ACTCA 52 DSJ v Director of Public Prosecutions(Cth) (2012) 215 A Crim R 349 R v Zhang (2005) 158 A Crim R 504 Sutton v The Queen (1984) 152 CLR 528
Texts Cited:	ALRC Report No. 102: Uniform Evidence Law Macquarie Dictionary Online (
Parties:	Maughan Jessica Oakley (Appellant) David Edwin Hyslop (Respondent)
Representation:	Counsel Mr A Hopkins (Appellant) Ms K James(Respondent)
Solicitors Aboriginal Legal Service (NSW/ACT) (Appellant) ACT Director of Public Prosecutions (Respondent)
File Number:	SCA 33 of 2013
Decision under appeal:	Court: ACT Magistrates Court Before: Special Magistrate Lunney Date of Decision: 29 May 2013 Case Title: Hyslop v Oakley Court File Number: MC148 200

Introduction

On 29 May 2013, the appellant was convicted in the Magistrates Court of one charge of aid and abet burglary, being a burglary said to have been committed by Michael Valetich in Elimatta Street, Reid at about 4.00 pm on Thursday 12 August 2010.

Proceedings in the Magistrates Court

The police case

The police statement of facts was of course not evidence…

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 Oakley v Hyslop

Details

AGLC: Oakley v Hyslop [2014] ACTSC 314
Case: [2014] ACTSC 314
Decision Date: 28 November 2014

CaseChat Overview and Summary

In the matter of Oakley v Hyslop, the appellant was convicted by a Magistrate of an offence under the Summary Offences Act. The appeal against the conviction was heard by the District Court, which was required to determine whether the evidence admitted in the Magistrates Court was appropriately assessed under the Evidence Act, and if the failure to do so prejudiced the appellant’s right to a fair trial.

The court was tasked with examining whether the evidence in question constituted coincidence evidence as defined by the Evidence Act. It was necessary to consider whether the Magistrate had failed to comply with the statutory requirements to assess the probative value of this evidence and whether its probative value substantially outweighed any prejudicial effect. The defence counsel had not objected to the admission of this evidence on the grounds of the Evidence Act, but the court noted that such a failure did not constitute a waiver of the right to challenge the evidence on these grounds.

The court found that the Magistrate had failed to consider the statutory requirements for the admission of coincidence evidence, which resulted in the evidence being inadmissible due to the lack of compliance with the Evidence Act. The court held that this failure deprived the appellant of a fair trial. However, the court emphasised that evidence is not necessarily inadmissible if the statutory requirements are properly complied with. The court did not find that the verdict was unsafe and unsatisfactory, and thus upheld the appeal, setting aside the conviction. The matter was remitted to the Magistrates Court for a further hearing and decision by a different Magistrate.

The final orders of the court were that the appeal be upheld, the finding of guilt and the conviction be set aside, and the matter be remitted to the Magistrates Court for a further hearing and decision by a different Magistrate.

Orders

Orders of the court

1. The appeal is upheld.

2. The appeal, the finding of guilt and the appellant’s conviction are set aside.

3. The matter is remitted to the Magistrates Court for further hearing and decision by a different Magistrate.

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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