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Paite v Tasmania

Paite v Tasmania

Case [2019] TASCCA 5 8 May 2019

Appeal

Natural Justice

Procedural Fairness

Statutory Construction

Criminal Law

Evidence

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[2019] TASCCA 5

COURT: SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)

CITATION: Paite v Tasmania [2019] TASCCA 5

PARTIES:  PAITE, Cosmas
  v
  STATE OF TASMANIA

FILE NO:  CCA 1887/2018
DELIVERED ON:  8 May 2019
DELIVERED AT:  Hobart
HEARING DATE:  13 March 2019
JUDGMENT OF:  Estcourt J, Pearce J, Martin AJ

CATCHWORDS:

Criminal Law – Appeal and new trial – Verdict unreasonable or insupportable having regard to evidence – Appeal dismissed – Appellant found guilty of rape – Jury enjoyed advantage in seeing and hearing witnesses – Verdict open.

Criminal Code, s 402(1).
M v The Queen (1994) 181 CLR 487; MFA v The Queen [2002] HCA 53, 213 CLR 606; R v Baden-Clay [2016] HCA 35, 258 CLR 308, applied.

Aust Digest Criminal Law [3476]

Criminal Law – Appeal and new trial – Miscarriage of justice – Particular circumstances not amounting to miscarriage – Misdirection or non-direction – No error by trial judge in not giving direction – Direction about evidence of flight unnecessary to avoid risk of miscarriage of justice.

Criminal Code, s 402(1).
Wilson v Tasmania [2017] TASCCA 11, applied.

Aust Digest Criminal Law [3470]

Criminal Law – Evidence – Matters relating to proof – Burden of proof – Directions to jury – No error by trial judge.

Criminal Code, s 402(1).
Murray v The Queen [2002] HCA 26, 211 CLR 193, distinguished.
Douglas v The Queen [2012] HCA 34, 290 ALR 699, applied.
Aust Digest Criminal Law [2706]

REPRESENTATION:

Counsel:
             Appellant:  G Barns, C Scott
             Respondent:  D Coates
Solicitors:
             Respondent:  Director of Public Prosecutions

Judgment Number: [2019] TASCCA 5
Number of paragraphs: 152

Serial No 5/2019
File No CCA 1887/2018

COSMAS PAITE v STATE OF TASMANIA

REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL

ESTCOURT J (Dissenting)
PEARCE J
MARTIN AJ
8 May 2019

Orders of the Court:

Appeal dismissed.

Date of commencement of sentence of imprisonment amended to 6 October 2018.

Serial No 5/2019
File No CCA 1887/2018

COSMAS PAITE v STATE OF TASMANIA

REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL

ESTCOURT J (Dissenting)
8 May 2019

The appeal

On 4 June 2018 the appellant, Cosmas Paite, was found guilty by a jury of one count of rape. He originally appealed to this Court on the ground that the jury verdict was unsafe and unsatisfactory and on the ground that the sentence imposed on him by Brett J of five years' imprisonment with a non-parole period of three years was manifestly excessive.
A subsequent proposed amended notice of appeal was filed and the Court heard the arguments raised by it and reserved its decision on the application to amend. That proposed amended notice raised four new grounds, only three of which were pursued. They are, that the learned trial judges charge suggested that there was an evidentiary burden on the accused; that the learned trial judge failed to give a direction as to how 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 Paite v Tasmania

Details

AGLC: Paite v Tasmania [2019] TASCCA 5
Case: [2019] TASCCA 5
Decision Date: 8 May 2019

CaseChat Overview and Summary

The appellant, Paite, was found guilty of rape by a jury in Tasmania. Paite appealed this conviction to the Supreme Court of Tasmania.

The central legal issue before the Court was whether the jury's verdict was unreasonable or insupportable having regard to the evidence presented at trial. The appellant argued that the evidence was insufficient to sustain a conviction for rape.

The Court dismissed the appeal, finding that the jury had the advantage of observing and hearing the witnesses give evidence. This direct observation allowed the jury to assess credibility and weigh the evidence appropriately. Consequently, the Court concluded that the verdict reached by the jury was open to them on the evidence presented.

Orders