SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCR 2014 0217 | |
| JASON PICCOLOTTO | Applicant |
| v | |
| THE QUEEN | Respondent |
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JUDGES: | REDLICH, SANTAMARIA and BEACH JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 26 May 2015 | |
DATE OF JUDGMENT: | 11 June 2015 | |
MEDIUM NEUTRAL CITATION: | [2015] VSCA 143 | |
JUDGMENT APPEALED FROM: | R v Piccolotto (Unreported, County Court of Victoria, Judge Chettle, 17 September 2014 (date of sentence)) | |
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CRIMINAL LAW – Conviction – Appeal – Trial – Fair trial – Judge's intervention in trial – Judge's intervention in cross-examination – Conduct of counsel – Procedure where judge obliged to intervene – Disparaging comments by judge – Whether exchanges between judge and counsel tainted the atmosphere of the trial so that it could not be asserted there had been a fair trial – Risk that jury form impression judge did not view counsel’s case with favour – Risk that credibility of counsel undermined – Application for leave to appeal granted – Appeal allowed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr G J Traczyk | C Marshall & Associates |
| For the Respondent | Ms S M K Borg | Ms V Anscombe, Acting Solicitor for Public Prosecutions |
REDLICH JA
SANTAMARIA JA
BEACH JA:
Introduction
On 8 September 2014, following a six-day trial, the applicant was convicted of one charge of false imprisonment (charge 1) and one charge of making a threat to kill (charge 2). The charges related to an incident alleged to have occurred on 16 November 2012 involving the applicant’s then partner. At the commencement of the trial, and in the absence of the jury, the applicant pleaded guilty to a charge of possessing a drug of dependence (charge 4).[1]
[1]Charge 3 (a charge of threatening to inflict serious injury) was an alternative charge to charge 2 but, having regard to the guilty verdict on charge 2, no verdict was taken in relation to charge 3.
On 17 September 2014, a plea was conducted. On that day, the applicant also pleaded guilty to two summary charges namely, possessing a prohibited weapon (summary charge 11) and possessing cartridge ammunition without a licence or permit (summary charge 13). Following the plea hearing, and on the same day, the judge sentenced the applicant as follows:
Charge Offence Maximum Sentence 1 False imprisonment [Common law] 10 years [Crimes Act 1958 s 320] 2 years + 12 months 2 Threat to kill [Crimes Act 1958 s 20] 10 years 5 years Base 4 Possession of a drug of dependence [Drugs Poisons and Controlled Substances Act 1981 s 73] 1 year 7 days SC11 Possess a prohibited weapon [Control of Weapons Act 1990 s 5AA] 2 years 7 days SC13 Possess cartridge ammunition without licence/permit [Firearms Act 1996 s 124(1)] 40 penalty units $200 fine Total Effective Sentence: 6 years Non-Parole Period: 3 years and 6 months Pre-sentence Detention Declared: 277 days 6AAA Statement: On charge 4 and SC11 - a 14 day term of imprisonment and on SC13 — $300 fine Other orders:…
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- AGLC
- Piccolotto v The Queen [2015] VSCA 143
- Case
- [2015] VSCA 143
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the judge's interventions in the trial and during cross-examination had compromised the fairness of the trial. The court considered whether the judge's conduct had created an atmosphere where the jury might have formed the impression that the judge did not view the appellant's case favourably, thereby affecting the impartiality of the trial. Additionally, the court examined whether the judge's conduct had the potential to undermine the credibility of the defence counsel.
The court found that the judge's conduct during the trial and cross-examination had indeed compromised the fairness of the trial. The court held that the judge's interventions had the potential to create an atmosphere where the jury might have formed the impression that the judge did not view the defence's case favourably, thus impacting the impartiality of the trial. The court also determined that the judge's conduct had the potential to undermine the credibility of the defence counsel. Consequently, the court allowed the appeal and quashed the appellant's convictions.
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
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Ratio Decidendi
Legal Principle Established
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