SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v GLASTONBURY
[2014] SASCFC 44
Judgment of The Court of Criminal Appeal
(The Honourable Chief Justice Kourakis, The Honourable Justice David and The Honourable Justice Parker)
29 April 2014
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE
CRIMINAL LAW - PROCEDURE - JURIES - OTHER MATTERS
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY
The appellant was convicted, following a trial by jury, of two counts of aggravated robbery and one count of attempted aggravated robbery, and acquitted on the third count of aggravated robbery.
The appellant appeals against his conviction on the grounds that: the Judge erred in providing the jury with the typed addresses of counsel; the Judge failed to correct certain submissions made by the prosecutor on the credibility of an accomplice who gave evidence against the appellant after being sentenced for his offending; and that the verdicts were manifestly unreasonable.
Held (Kourakis CJ, David and Parker JJ agreeing):
There is no doubting that the jury would have understood the prosecutor’s argument to be that the accomplice Howell could not have expected to get away with giving a false account of the appellants involvement and thereby win a reduction in his sentence (Kourakis CJ at [28]). The prosecutor’s address could only have been understood as an argument in favour of the jury accepting Howell’s evidence in their role as the sole arbiters of facts in the case (Kourakis CJ at [29]).
Having regard to the onerous nature of a jury’s duties, if they request the transcript of counsel’s addresses in a long or complex trial, speaking generally and subject to any countervailing factors arising in the particular case, it should be provided (Kourakis CJ at [41]). However, before providing the transcript consideration should be given to alternative ways to assist the jury with its particular concern (Kourakis CJ at [42]). The provision of the transcript of counsel’s addresses to the jury did not cause a miscarriage of justice (Kourakis CJ at [47]).
With respect to count 3 the jury may well have entertained a reasonable doubt given the absence of any objective evidence of the appearance of the offender (Kourakis CJ at [50]).Upon reviewing the evidence as a whole, it cannot be doubted that the appellant was properly convicted on count 4 (Kourakis CJ at [52]).
Appeal against conviction dismissed.
Evidence Act 1977 (Qld) s 21AK, referred to.
Butera v Director of Public Prosecutions (Vic) (1987) 164 CLR 180; Gately v The Queen (2007) 232 CLR 208; R v Taousanis (1999) 146 A Crim R 303; R v Bartle (2003) 181 FLR 1, discussed.
R v Sukkar [2005] NSWCCA 54, considered.
R v GLASTONBURY
[2014] SASCFC 44Court of Criminal Appeal: Kourakis CJ, David and Parker JJ
KOURAKIS CJ: The appellant, Glastonbury, was charged with three counts of aggravated robbery and one count of attempted aggravated robbery. He…
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- R v Glastonbury [2014] SASCFC 44
- Case
- [2014] SASCFC 44
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CaseChat Overview and Summary
The central legal issue before the court was whether the appellant's conviction on the aggravated robbery charge constituted a miscarriage of justice. This involved a review of the evidence presented at trial, particularly the testimony of accomplices and the directions given to the jury regarding such evidence.
The Chief Justice, Kourakis CJ, after reviewing the entirety of the evidence, expressed no doubt that the appellant had been properly convicted on the fourth count. The court noted that the trial judge had correctly warned the jury about the dangers of convicting on the uncorroborated evidence of accomplices, and that one accomplice's testimony could not corroborate another's. The Chief Justice's reasoning, which was adopted by David J and Parker J, led to the conclusion that no substantial miscarriage of justice had occurred.
Consequently, the appeal was dismissed.
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