Parkinson v Alexander

Case [2017] ACTSC 201


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Parkinson v Alexander

Citation:

[2017] ACTSC 201

Hearing Date:

29 July 2016

DecisionDate:

4 August 2017

Before:

Refshauge J

Decision:

1.    The conviction of Sarah Jane Parkinson for making a false accusation on 20 December 2012 be set aside.

2.    Sarah Jane Parkinson be acquitted of making a false accusation on 20 December 2012.

3.    The conviction of Sarah Jane Parkinson for making a false accusation on 21 March 2014 be set aside.

4.    The appeal be otherwise dismissed.

5.    The convictions for public mischief on 1 June 2014, 2 July 2014 and 13 July 2014 be confirmed.

6.    The parties be invited to make submissions on any consequential orders to be made.

Catchwords:

APPEAL – CRIMINAL LAW – Appeal from the Magistrates Court – tendency evidence – trial directions – reverse Liberato – Crown’s oral submissions inconsistent with written submissions at first instance – latent ambiguity – miscarriage of justice – appeal upheld in part

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – accused convicted but not yet sentenced – making a false allegation – public mischief

EVIDENCE – TENDENCY EVIDENCE – False allegations of criminal conduct against people – providing police with false, misleading or inaccurate information – tendency not formulated as per notice – no opportunity for accused to challenge the evidence – evidence inadmissible

Legislation Cited:

Crimes Act 1900 (ACT), ss 52, 52(1), 396

Crimes Act 1900 (NSW), s 314
Evidence Act 2011 (ACT), ss 97, 97(1)(a), 97(1)(b), 99, 100, 101, 102, 108B, 137, 144(4)
Magistrates Court Act 1930 (ACT), s 216
Supreme Court Act 1933 (ACT), s 68C(2)

Criminal Code 2002 (ACT), ss 44, 713, 715, 715(1), 715(1)(b)(ii)

Cases Cited:

AE v The Queen [2011] VSCA 168

Anderson [2001] NSWCCA 448; 127 A Crim R 116
Carcosa Pty Ltd v Czerwaniw (Department of Health) (1997) 93 A Crim R 287
Di Corrado v His Honour Judge Gebhardt [1999] VSC 35
Eastman v The Queen [2000] HCA 29; 203 CLR 1
F (1996) 90 A Crim R 356
Fleming v The Queen [1998] HCA 68; 197 CLR 250
Giam [1999] NSWCCA 53; 104 A Crim R 416
Glanville v Harris [2017] ACTSC 110
Hamzy (1994) 74 A Crim R 341
Harman v Secretary of State for the Home Department [1983] 1 AC 280
Hoessinger v The Queen (1992) 107 FLR 99
Hughes v The Queen [2017] HCA 20
Hussain v The Queen [2013] ACTCA 42
Johnson v Miller (1937) 59 CLR 467
Liberato v The Queen (1985) 159 CLR 507
Neill-Fraser v Tasmania [2012] TASCCA 2
O’Donoghue (1988) 34 A Crim R 397
Parkinson v Alexander [2016] ACTSCFC 1; 11 ACTLR 190
Preston v Carnall [2015] ACTSC 325; 300 FLR 302
RMP v Western Australia [2017] WASCA 70
Rowland v Police [2001] SASC 179; 79 SASR 569
Russell v Western Australia [2011] WASCA 246
R v Collins [2004] ACTSC 48
R v DM [2010] ACTSC…

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AGLC
Parkinson v Alexander [2017] ACTSC 201
Case
[2017] ACTSC 201
Decision Date

CaseChat Overview and Summary

Sarah Jane Parkinson was charged and convicted in the Magistrates Court for making false allegations of criminal conduct and public mischief. She appealed against her conviction, arguing that the trial judge's direction regarding the admission of tendency evidence was flawed. The appeal focused on the admissibility of certain evidence and the trial judge's handling of it. The court considered whether the trial judge erred in admitting evidence without a proper formulation of the tendency, and whether this led to a miscarriage of justice.

The court had to decide whether the trial judge erred in admitting evidence without a proper formulation of the tendency, and whether this error led to a miscarriage of justice. The court also needed to determine whether the oral submissions made by the Crown were inconsistent with their written submissions at first instance, and if this inconsistency prejudiced the appellant. Additionally, the court examined whether the trial judge's direction on the latent ambiguity in the charge of making a false allegation led to a miscarriage of justice.

The court found that the trial judge erred in admitting evidence without a proper formulation of the tendency. This error was deemed to be a miscarriage of justice because it prevented the appellant from properly challenging the evidence. The court also found that the oral submissions made by the Crown were inconsistent with their written submissions at first instance, which prejudiced the appellant. However, the court determined that the latent ambiguity in the charge of making a false allegation did not lead to a miscarriage of justice. The convictions for making false allegations were set aside, but the convictions for public mischief were confirmed. The court invited the parties to make submissions on any consequential orders to be made.

The court set aside the convictions for making false allegations and acquitted the appellant of those charges. The convictions for public mischief were confirmed. The court also invited the parties to make submissions on any consequential orders to be made.

Orders

Orders of the court

1. The conviction of Sarah Jane Parkinson for making a false accusation on 20 December 2012 be set aside.

2. Sarah Jane Parkinson be acquitted of making a false accusation on 20 December 2012.

3. The conviction of Sarah Jane Parkinson for making a false accusation on 21 March 2014 be set aside.

4. The appeal be otherwise dismissed.

5. The convictions for public mischief on 1 June 2014, 2 July 2014 and 13 July 2014 be confirmed.

6. The parties be invited to make submissions on any consequential orders to be made.

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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