R -v- BARTLETT [No 14] [2014] WASC 352
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2014] WASC 352 | |
| 26/09/2014 | |||
| Case No: | INS:107/2012 | 21 AUGUST 2014 | |
| Coram: | EM HEENAN J | 21/08/14 | |
| 5 | Judgment Part: | 1 of 1 | |
| Result: | Leave granted to prosecution to re-open and lead further evidence thought to have been conceded by admissions made in course of trial Mistake as to nature and extent of admissions | ||
| B | |||
| PDF Version |
| Parties: | THE QUEEN PETER MERVYN BARTLETT RONALD GEORGE SAYERS |
Catchwords: | Criminal trial and procedure Application by prosecution to re-open case to adduce further evidence Evidence thought to have been agreed by admission by counsel for accused Mistake as to extent or nature of admission Leave to re-open and adduce further evidence allowed |
Legislation: | Nil |
Case References: | Dryburgh v The Queen [1961] HCA 54; (1961) 105 CLR 532 Manyam v The State of Western Australia [2010] WASCA 107 R v Chin [1985] HCA 35; (1985) 157 CLR 671 R v Soma [2003] HCA 13; (2003) 212 CLR 299 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- Prosecution
AND
PETER MERVYN BARTLETT
First Accused
RONALD GEORGE SAYERS
Second Accused
Catchwords:
Criminal trial and procedure - Application by prosecution to re-open case to adduce further evidence - Evidence thought to have been agreed by admission by counsel for accused - Mistake as to extent or nature of admission - Leave to re-open and adduce further evidence allowed
Legislation:
Nil
Result:
Leave granted to prosecution to re-open and lead further evidence thought to have been conceded by admissions made in course of trial
Mistake as to nature and extent of admissions
Category: B
Representation:
Counsel:
Prosecution : Mr P Roberts SC & Mr A L Troy
First Accused : Mr R Richter QC & Mr C Boyce
Second Accused : Mr D Staehli SC & Mr A E Eyers
Solicitors:
Prosecution : Director of Public Prosecutions (Cth)
First Accused : Clifford Chance
Second Accused : Clifford Chance
Case(s) referred to in judgment(s):
Dryburgh v The Queen [1961] HCA 54; (1961) 105 CLR 532
Manyam v The State of Western Australia [2010] WASCA 107
R v Chin [1985] HCA 35; (1985) 157 CLR 671
R v Soma [2003] HCA 13; (2003) 212 CLR 299
1 EM HEENAN J: A point of some significance in the course of this trial has arisen in an unusual way. Having commenced his address to the jury, counsel for the prosecution, after the morning adjournment, announced before the return of the jury that he wished to put before the jury a proposed chronology of certain events, by no means all the events, which had been traversed in the evidence.
2 The draft chronology…
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CaseChat Overview and Summary
The central legal issue before the court was whether the prosecution was permitted to introduce additional evidence based on what was perceived as admissions made by the defence counsel. The court needed to determine if there had indeed been a clear admission by the defence and, if not, whether there had been a misunderstanding that warranted allowing the prosecution to present the additional evidence.
The court carefully examined the record of the trial to ascertain whether there had been a genuine admission by the defence counsel regarding the introduction of additional evidence. The court found that there had been a misunderstanding between the parties about the scope and nature of the admissions. Given this, the court determined that it was appropriate to grant the prosecution leave to re-open the case and adduce the further evidence that was thought to have been agreed upon, despite the mistake. This decision was based on the court's ability to rectify errors in the understanding of the proceedings to ensure a fair trial.
The final orders of the court were to grant the prosecution leave to re-open and lead the further evidence thought to have been conceded by the admissions made during the trial, acknowledging the mistake as to the nature and extent of those admissions.
Orders
Orders of the court
Leave granted to prosecution to re-open and lead further evidence thought to have been conceded by admissions made in course of trial
Mistake as to nature and extent of admissions
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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