JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : COURT OF CRIMINAL APPEAL
CITATION: R -v- COURT [2003] WASCA 308
CORAM: MILLER J
MCKECHNIE J
WALLWORK AJ
HEARD: 19 NOVEMBER 2003
DELIVERED : 10 DECEMBER 2003
FILE NO/S: CCA 90 of 2003
BETWEEN: THE QUEEN
Applicant
AND
CRAIG DOUGLAS COURT
Respondent
Catchwords:
Criminal law - Prosecution appeal - Appeal from acquittal at trial before Judge alone - Indictment for murder - Acceptance by trial Judge that evidence of a medical witness created a reasonable doubt - Whether medical witness qualified to express opinion - Whether on all of the evidence the trial Judge ought to have held a reasonable doubt - Prosecution appeal - Basis of determination of such appeal
Legislation:
Criminal Code
Criminal Practice Rules
Result:
Appeal dismissed
Category: B
Representation:
Counsel:
Applicant: Mr J K Tavener & Ms L Gaskell
Respondent: Ms J A Fordham
Solicitors:
Applicant: State Director of Public Prosecutions
Respondent: Andree Horrigan
Case(s) referred to in judgment(s):
Anderson v The Queen (2000) 1 VR 1
Bratt v Western Airlines (1946) 166 ALR 1061
Carter v The Queen (1994) 12 WAR 310
Casley‑Smith v F S Evans & Sons Pty Ltd and Anor (No 1) (1988) 49 SASR 314
Clarke v Ryan (1960) 103 CLR 486
Jones v The Queen (1997) 191 CLR 439
M v The Queen (1994) 181 CLR 487
R v ADW (2002) A Crim R 532
R v Kurtic (1996) 85 A Crim R 57
R v Margaria & Anor [2003] WASCA 253
R v Mickelberg (1996) 90 A Crim R 126
R v Middleton (2000) 114 A Crim R 258
R v Sodo (1975) 61 Cr App R 131
Case(s) also cited:
Davern v Messel (1984) 155 CLR 21
Hocking v Bell (1945) 71 CLR 430
Murphy v R (1989) 167 CLR 94
R v Anderson [2002] VSCA 16
R v Turner [2001] WASCA 344
R v Udechuku (No 5) [1982] WAR 21
Shepherd v R (1990) 170 CLR 573
Walton v R [1978] AC 788
MILLER & McKECHNIE JJ: The respondent was tried before Judge alone (s 651C, Criminal Code (WA)) in the Supreme Court at Perth between 19 and 29 May 2003 on an indictment which alleged that on 11 May 2001 at Perth he murdered Cameron Court. On 3 June 2003 the learned trial Judge found the respondent not guilty of the crime alleged or of the crime of manslaughter, and directed that a judgment of acquittal be entered.
On 23 June 2003 the appellant sought leave to appeal against the verdict of acquittal pursuant to the provisions of s 688(2)(ba) of the Criminal Code, contending that the learned trial Judge had made errors of law and/or errors which involve questions of mixed law and fact.
Grounds of appeal
Of the grounds of appeal filed by the appellant, three were abandoned, leaving the following grounds which were argued at…
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- AGLC
- R v Court [2003] WASCA 308
- Case
- [2003] WASCA 308
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the medical witness was qualified to provide the opinion they did, and whether the trial judge was correct to accept that opinion as creating a reasonable doubt. The court considered whether the trial judge had erred in accepting the opinion of the medical witness, and whether the opinion of the medical witness, when considered with all the other evidence, was sufficient to create a reasonable doubt. The court also considered whether the trial judge should have directed a verdict of guilty.
The court held that the trial judge was correct to accept the opinion of the medical witness as creating a reasonable doubt, and that the opinion, when considered with all the other evidence, was sufficient to create a reasonable doubt. The court held that the medical witness was qualified to provide the opinion, and that the trial judge was correct to acquit the defendant. The court held that the trial judge was not required to direct a verdict of guilty, and that the appeal should be dismissed.
The court dismissed the appeal, and affirmed the acquittal of the defendant.
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
Established by: MCKECHNIE J
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