SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v BADCOCK
[2018] SASCFC 70
Judgment of The Court of Criminal Appeal
(The Honourable Justice Vanstone, The Honourable Justice Parker and The Honourable Justice Doyle)
25 June 2018
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE
CRIMINAL LAW - EVIDENCE - GENERALLY
Appeal against conviction.
Following a trial by jury, the appellant, together with two co-accused, was convicted of murder. At trial, the appellant did not admit his presence at the two locations where the assault of the victim took place nor any participation in the offending.
The case against each of the three accused at trial relied substantially on evidence given by two witnesses, C and R. The evidence of the two witnesses directly implicated the appellant as having been present at the two premises and involved in the assault of the victim. Both witnesses had been provided with immunity from prosecution in exchange for their truthful evidence and were treated by the trial judge as accomplices. The witnesses’ evidence as to the appellant’s presence and participation was not corroborated by any independent evidence.
The appellant relies upon the sole ground of appeal that the guilty verdict of the jury is unreasonable and cannot be supported having regard to the evidence. The appellant in particular identifies various features of the evidence of the two witnesses that he contends undermined the credibility and reliability of their evidence to the extent that a reasonable jury must have entertained doubt as to his guilt.
Held per Doyle J (Vanstone and Parker JJ agreeing), dismissing the appeal:
1. The matters raised by the appellant as relevant to the credibility and reliability of the two witnesses’ evidence are neither individually nor cumulatively sufficient to render the verdict unreasonable or unable to be supported having regard to the evidence.
2. The jury were entitled to accept the evidence of the two witnesses as credible and reliable as to the presence and participation of the appellant in the assault of the victim.
3. In the context of the evidence as a whole, the evidence of the two witnesses was sufficient to entitle a reasonable jury to be satisfied of the appellant’s guilt beyond reasonable doubt.
M v The Queen (1994) 181 CLR 487, applied.
Jenkins v The Queen (2004) 79 ALJR 252; Kanaan v The Queen [2006] NSWCCA 109, considered.
R v BADCOCK
[2018] SASCFC 70Court of Criminal Appeal: Vanstone, Parker and Doyle JJ
VANSTONE: I would dismiss the appeal for the reasons given by Doyle J.
PARKER J: I would dismiss the appeal. I agree with the reasons of Doyle J.
DOYLE J: Following a trial by jury, the appellant, together with Kym Barnes and Shane Muckray, was convicted of the murder of Jayson Doelz.
The prosecution case against the appellant was that he was present and participated in a serious and sustained assault of Mr Doelz on 9 January 2012. The assault…
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- R v Badcock [2018] SASCFC 70
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- [2018] SASCFC 70
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CaseChat Overview and Summary
The legal issues before the court were whether the jury was entitled to accept the evidence of the accomplices, C and R, as credible and reliable, and whether their evidence, when considered in conjunction with other evidence presented at trial, was sufficient to satisfy the jury beyond reasonable doubt of the appellant's presence and participation in the assault with the requisite intention or foresight. The court also considered the cumulative effect of any alleged inconsistencies or unreliability in the accomplices' testimony.
The court reasoned that while C and R were accomplices and their evidence lacked independent corroboration, the jury was entitled to accept their versions of events. This entitlement was based on several factors: the broad consistency between their accounts where their narratives overlapped, the support for the nature and timing of the assault provided by the forensic pathologist's evidence, the corroboration of R's account of events at the roadside from two motorists, and the support for the presence of the accused and R from another witness. The court noted that the jury had the advantage of observing and hearing C and R give evidence, and assessing their testimony within the context of the entire trial. The jury was entitled to be satisfied beyond reasonable doubt of the appellant's presence and participation, even if they entertained doubts about certain details or aspects of C's evidence, or if they found R's evidence alone sufficient.
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