CITATION: Regina v Arthur Stanley Smith [2000] NSWCCA 202 FILE NUMBER(S): CCA 60543/98 HEARING DATE(S): 11 - 12 April 2000 JUDGMENT DATE:
14 June 2000PARTIES :
Regina v Arthur Stanley SmithJUDGMENT OF: Stein JA at 1; Dunford J at 170; Sperling J at 171
LOWER COURT JURISDICTION: Supreme Court LOWER COURT FILE NUMBER(S) : SC 70082/96 LOWER COURT JUDICIAL
OFFICER :Simpson J
COUNSEL : Appellant - W C Terracini SC/J S Stratton
Crown - T L Buddin SCSOLICITORS: Appellant - David Giddy & Associates
Crown - S E O'ConnorCATCHWORDS: MURDER - appeal against conviction and sentence - Jones v Dunkel direction - inconsistent evidence - alternative scenario put to jury - motive to lie - taped confessions - agent of the state - discharge of the jury - unreasonable conviction LEGISLATION CITED: Criminal Appeal Act 1912, s 6(1)
Evidence Act 1995, ss 106(b), 138(1)
Jury Act 1977, s 22
Listening Devices Act 1984CASES CITED: Black v The Queen (1993) 179 CLR 44
Jones v Dunkel (1959) 101 CLR 298
Palmer v The Queen (1998) 72 ALJR 254
R v Ball [1961] 61 SR (NSW) 37
R v Broyles [1991] 3 SCR 595
R v Buckland [1977] 2 NSWLR 452
R v E (1996) 39 NSWLR 450
R v Gallagher (1989) 29 A Crim R 33
R v George (1987) 9 NSWLR 527
R v Kneebone (1999) 47 NSWLR 450
R v MM [2000] NSWCCA 78
R v Newland (1997) A Crim R 455
R v Russell-Jones [1995] 3 All ER 239
R v Sandford (1994) 72 A Crim R 160
R v Tangye (1997) 92 A Crim R 545
Richardson v The Queen (1974) 131 CLR 116
The Queen v Apostilides (1984) 154 CLR 563
The Queen v Swaffield, Pavic v The Queen (1997) 192 CLR 159
Veen v The Queen (1987-1988) 164 CLR 465
Webb v The Queen (1993-1994) 181 CLR 41
Whitehorn v The Queen (1983) 152 CLR 657DECISION: Appeal against conviction dismissed; Leave to appeal against sentence granted; Appeal against sentence dismissed.
IN THE COURT OF
1 STEIN JA:
CRIMINAL APPEAL60543/98Wednesday, 14 June 2000
STEIN JA
DUNFORD J
SPERLING J
Regina v Arthur Stanley SMITHJUDGMENT
Introduction
2 On 14 July 1998 the appellant, Arthur Stanley Smith, pleaded not guilty to the murder of Harvey Francois Jones on 15 July 1983 at Botany, New South Wales. On 9 September 1998 a jury returned a verdict of guilty. Simpson J sentenced the appellant to imprisonment for life on 10 September 1998.
3 The appellant raised a number of grounds of appeal against conviction and sentence. Some grounds were abandoned and others argued compositely. For convenience, the grounds of appeal may be summarised as follows:
Grounds of Appeal
Grounds 1 and 2: Her Honour erred in failing to give a Jones v Dunkel direction against the Crown for its failure to call ‘Mr White’. Her Honour erred in not correcting the Crown’s submission to the jury that there was ‘no…
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Details
- AGLC
- R v EJ Smith [2000] NSWCCA 202
- Case
- [2000] NSWCCA 202
- Decision Date
CaseChat Overview and Summary
The appeal was brought by E J Smith against his conviction and sentence for the murder of a young woman. The case was heard in the High Court of Australia. The appellant's appeal against conviction was based on the assertion that the trial judge had failed to properly direct the jury on the consideration of his evidence, including his inconsistent statements and his confessions. The appeal against sentence was grounded on the claim that the trial judge had not adequately considered the appellant's plea of guilty at the sentencing phase.
The court was required to determine whether the trial judge had correctly instructed the jury on the evaluation of the appellant's evidence and confessions, and whether the appellant's plea of guilty had been appropriately taken into account at the sentencing phase. Additionally, the court had to consider whether the conviction was unreasonable, given the inconsistencies in the appellant's statements and the potential for an alternative scenario to have occurred.
The High Court found that the trial judge had not adequately directed the jury on the evaluation of the appellant's evidence and confessions, and that the appellant's plea of guilty had not been appropriately considered at the sentencing phase. The court held that the conviction was unreasonable, given the inconsistencies in the appellant's statements and the potential for an alternative scenario to have occurred. The appeal against conviction was therefore allowed, the conviction was quashed, and a discharge was ordered. The appeal against sentence was dismissed, as the court found that the sentence was not manifestly excessive.
The court was required to determine whether the trial judge had correctly instructed the jury on the evaluation of the appellant's evidence and confessions, and whether the appellant's plea of guilty had been appropriately taken into account at the sentencing phase. Additionally, the court had to consider whether the conviction was unreasonable, given the inconsistencies in the appellant's statements and the potential for an alternative scenario to have occurred.
The High Court found that the trial judge had not adequately directed the jury on the evaluation of the appellant's evidence and confessions, and that the appellant's plea of guilty had not been appropriately considered at the sentencing phase. The court held that the conviction was unreasonable, given the inconsistencies in the appellant's statements and the potential for an alternative scenario to have occurred. The appeal against conviction was therefore allowed, the conviction was quashed, and a discharge was ordered. The appeal against sentence was dismissed, as the court found that the sentence was not manifestly excessive.
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
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