SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 130 of 2004
| THE QUEEN |
| v |
| MICHAEL GOLDMAN |
---
JUDGES: | MAXWELL P, VINCENT JA and BONGIORNO AJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 29 May 2006 | |
DATE OF JUDGMENT: | 1 March 2007 | |
MEDIUM NEUTRAL CITATION: | [2007] VSCA 25 | |
---
CRIMINAL LAW – Attempted murder – Latent duplicity or uncertainty – Where more than one act capable of constituting offence of attempted murder – Extent to which jury unanimity required.
CRIMINAL LAW – Trial – Defence of duress – Direction to jury to scrutinise carefully evidence of duress – Whether direction impugned accused as a witness – Whether direction required jury to treat accused as "suspect witness" – Robinson v R (1994) 180 CLR 531.
CRIMINAL LAW – Sentence – Whether a sentence of 14 years’ imprisonment with a non-parole period of 11 years manifestly excessive – Whether excessive weight given to aggravating feature that victim police informer – application refused.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr M J Croucher | Grigor Lawyers |
| For the Crown | Mr P A Coghlan QC, DPP With Mrs C M Quinn | Mr S Carisbrooke, |
MAXWELL P,
VINCENT JA:
We have had the advantage of reading in draft the reasons for judgment of Bongiorno AJA. We gratefully adopt his Honour’s summary of the facts and issues.
In relation to the first ground of the application for leave to appeal against conviction, we respectfully agree with Bongiorno AJA that this ground fails, for the reasons which his Honour gives. With respect to his Honour, however, we consider that the second ground of the application – concerning a part of the jury direction on duress – also fails. Our reasons are as follows.
The duress direction
Bongiorno AJA has succinctly summarised Goldman’s account of how he came to shoot K. According to Goldman, he was in fear of his life, and was acting under orders from Radev, when he shot K in the flat. The subsequent shooting, outside the flat, was also said to have been done at Radev’s command, with an accompanying threat to Goldman and his family should the order not be obeyed.
This ground of appeal concerns part of the trial Judge’s lengthy instructions to the jury concerning the defence of duress. Having explained that the prosecution must disprove the duress claim beyond reasonable doubt, his Honour identified the elements of the defence, which he then summarised as follows:
“The questions you must ask yourself then are these: (1) did the accused do the act or acts charged against him under threat that death or grievous bodily harm would be inflicted unlawfully on him or members of his family if he failed to do the act; (2) the circumstances were such that a person of ordinary firmness of mind, that is, a person of ordinary courage in the accused’s situation could have been compelled by the threats to so conduct himself on each occasion that you find he fired the…
Continue reading R v Goldman
Sign in free to access the full text
- AGLC
- R v Goldman [2007] VSCA 25
- Case
- [2007] VSCA 25
- Decision Date
CaseChat Overview and Summary
The High Court addressed the necessity for jury unanimity when there are multiple acts potentially constituting the offence of attempted murder. The court found that the jury did not need to be unanimous on the specific act that constituted the offence, provided they were unanimous that the accused had attempted to commit the offence. Regarding the defence of duress, the court held that the trial judge’s direction to the jury did not impugn the defendant as a witness or require the jury to treat the defendant as a suspect witness, thereby not contravening the principles set out in Robinson v R.
The court ultimately ruled that the defendant’s sentence, which included 14 years’ imprisonment with an 11-year non-parole period, was not manifestly excessive. The court considered various factors, including the nature of the offence and the fact that the victim was a police informer, but determined that the sentence was appropriate. Consequently, the application for special leave to appeal was refused by the High Court.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.