SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2014 0130
| DESANDREN PILLAY |
| Applicant |
| v |
| THE QUEEN |
| Respondent |
S APCR 2014 0133
S APCR 2014 0144
| WALTER TOGANIVALU |
| Applicant |
| v |
| THE QUEEN |
| Respondent |
S APCR 2014 0135
| FERETI DANSEY |
| Applicant |
| v |
| THE QUEEN |
| Respondent |
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| JUDGES: | MAXWELL P, WEINBERG and SANTAMARIA JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 18 July 2014 |
| DATE OF ORDERS: | 18 July 2014 |
| DATE OF JUDGMENT: | 13 October 2014 |
| MEDIUM NEUTRAL CITATION: | [2014] VSCA 249 |
| JUDGMENT APPEALED FROM: | DPP v Toganivalu & Ors (Unreported, County Court of Victoria, Judge Tinney, 27 February 2014 (Conviction); 26 May 2014 (Sentence)) |
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CRIMINAL LAW – Conviction – Applications for leave to appeal – Inconsistent verdicts – Applicants convicted of indecent assault at first trial, jury unable to reach verdicts on two charges of rape – Applicants acquitted of rape charges at second trial – Circumstances relating to each charge substantially the same – Whether verdict of guilty on charge of indecent assault inconsistent with inability of jury at first trial to reach unanimous verdicts on rape charges – Leave to appeal granted – Appeal allowed – Convictions set aside – Verdicts of acquittal entered.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant Pillay | Ms C Randazzo SC | Doogue O’Brien George |
| For the Applicant Toganivalu | Mr D Stewart | Robert Stary Lawyers |
| For the Applicant Dansey | Mr T Sawyer | Valos Black & Associates |
| For the Crown | Mr G Silbert QC with Ms S Flynn | Mr C Hyland, Solicitor for Public Prosecutions |
MAXWELL P
WEINBERG JA
SANTAMARIA JA:
On 18 July 2014, after the conclusion of oral argument, the Court granted each applicant leave to appeal against conviction. We ordered that each appeal be treated as instituted and heard instanter, and be allowed. We quashed the convictions sustained below, set aside the sentences passed thereon, and directed that a judgment and verdict of acquittal be entered in each case. We indicated that we would publish our reasons at a later date. The following are the reasons for our decision.
Background facts
In February 2014, the applicants stood trial in the County Court at Melbourne. Each applicant faced two charges of rape, and one charge of indecent assault. On 27 February 2014, they were each convicted of indecent assault. However, the jury were unable to agree upon a verdict in relation to the two counts of rape.
In late April and early May 2014, the applicants again stood trial in relation to the two rape charges. However, on that occasion they were acquitted of those charges.
The applicants subsequently sought leave to appeal against both conviction and sentence. Having regard to the decision reached in relation to each appeal against conviction, it is unnecessary to say anything more about the sentence.[1]
[1]For the sake of completeness, it may be noted that on the charge of indecent assault each applicant was sentenced to 15 months’ imprisonment with 10 months of that sentence suspended for a period of two years.
Broadly speaking, each applicant submitted that…
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- AGLC
- Pillay v The Queen [2014] VSCA 249
- Case
- [2014] VSCA 249
- Decision Date
CaseChat Overview and Summary
The court noted that in cases where a jury is unable to reach a unanimous verdict on certain charges, the inconsistent verdicts doctrine may apply, requiring the acquittal of all charges. The court considered whether the circumstances of the indecent assault charge and the rape charges were so similar that a guilty verdict on the indecent assault charge could not be reconciled with the jury's inability to reach a verdict on the rape charges. The court found that the circumstances were indeed substantially the same, and the verdicts were inconsistent. The court granted leave to appeal and allowed the appeal, setting aside the convictions and entering verdicts of acquittal on all charges.
The final orders of the court were to set aside the applicants' convictions for indecent assault and to enter verdicts of acquittal on all charges, reflecting the inconsistency between the guilty verdict for indecent assault and the inability of the jury to reach a verdict on the substantially similar rape charges. This decision underscores the importance of the consistency of verdicts in criminal trials and the application of the inconsistent verdicts doctrine where appropriate.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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