SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v DAWSON-RYAN
[2009] SASC 259
Judgment of The Court of Criminal Appeal
(The Honourable Justice Gray, The Honourable Justice Layton and The Honourable Justice David)
28 August 2009
EVIDENCE - ADMISSIBILITY AND RELEVANCY - SIMILAR FACTS
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - JOINDER - JOINT OR SEPARATE TRIAL
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE - DIRECTIONS TO JURY
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - MISDIRECTION AND NON-DIRECTION - GENERAL MATTERS - CONSIDERATION OF SUMMING UP AS A WHOLE
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - MISDIRECTION AND NON-DIRECTION - GENERAL MATTERS - PRESENTATION OF DEFENCE CASE AND CROWN CASE AND REVIEW OF EVIDENCE - PRESENTATION OF DEFENCE CASE
CRIMINAL LAW - EVIDENCE - CORROBORATION - WARNING REQUIRED OR ADVISABLE - SEXUAL OFFENCES - WHERE SUBSTANTIAL DELAY IN COMPLAINT: LONGMAN WARNING
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - AVERMENTS - UNCERTAINTY, DUPLICITY AND AMBIGUITY
Appeal against conviction - appellant charged with counts of sexual offences against six complainants - application by appellant prior to trial for separate trial for each complainant - trial Judge received evidence on voir dire - Judge ordered separate trial for two complainants and otherwise dismissed the application - whether Judge erred in failing to order separate trials in relation to the remaining complainants - whether Judge erred by making findings of credibility in relation to witnesses on voir dire - whether Judge's approach to issue of concoction resulted in a misapplication of test for cross-admissibility of uncharged acts - whether errors of Judge on voir dire relevant to appeal - accused convicted by jury of 19 offences - Judge directed jury on cross-admissibility of complainants' evidence - whether Judge erred by directing that internal consistency of evidence could itself be used to support that evidence - whether Judge erred by directing that proof beyond reasonable doubt would be established if the jury was satisfied of an underlying unity between the evidence of the complainants - whether Judge failed to adequately direct the jury with respect to reasonable possibility of concoction - whether Judge misstated the defence case in summing up by stating that the defence case was that there was no pattern or similarity in the complainants' accounts - whether Judge was under a duty to direct the jury that if it were not satisfied that the prosecution had disproved concoction beyond reasonable doubt then it must acquit on all counts - Judge and both counsel erroneously believed that ss 34CB and 34M of the Evidence Act applied at the time of the trial - whether Judge erred in failing to give a direction in compliance with the requirements in Longman v The Queen (1989) 168 CLR 79 and the common law -…
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- AGLC
- R v Dawson-Ryan [2009] SASC 259
- Case
- [2009] SASC 259
- Decision Date
CaseChat Overview and Summary
The court considered whether the Judge erred in not ordering separate trials, whether the Judge's findings of credibility were appropriate, whether the Judge misapplied the test for cross-admissibility of uncharged acts, and whether the Judge's directions to the jury were deficient. The court found that the Judge did not err in refusing to order separate trials, and the findings of credibility were not inappropriate. The Judge's approach to the issue of concoction and the directions to the jury were also found to be adequate. The court held that any error in the Judge's understanding of the relevant statutory provisions did not result in procedural unfairness or a risk of miscarriage of justice.
In conclusion, the appeal was dismissed. The court found no merit in the appellant's arguments and held that the trial was conducted fairly and without any errors that would warrant overturning the conviction. The appellant's appeal against his conviction was rejected, and the original conviction stands.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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