SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 288 of 2006
| THE QUEEN |
| v. |
| JOHN EDWARD GOSS |
---
JUDGES: | BUCHANAN, REDLICH and KELLAM JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 26 April 2007 | |
DATE OF JUDGMENT: | 1 June 2007 | |
MEDIUM NEUTRAL CITATION: | [2007] VSCA 116 | |
---
Criminal law – Appeal against conviction - Markuleski direction not required - Longman warning sufficient -Verdicts not unsafe or unsatisfactory - directions of trial judge as to elements of counts of indecent assault sufficient.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr T Gyorffy | Ms A Cannon, Solicitor for Public Prosecutions |
| For the Applicant | Mr M J Croucher | Leanne Warren & Associates |
BUCHANAN JA:
In my opinion the application for leave to appeal against conviction should be dismissed for the reasons stated by Kellam JA.
REDLICH JA:
Should a Markuleski direction have been given?
For the reasons given by Kellam JA I agree that there is no substance in ground 1. The decision in R v Markuleski was not followed by this Court in R v PMT. Nothing has been said in those decisions to which we were referred[1] that have followed and applied Markuleski which calls for any reconsideration of the decision in PMT.
[1]AM v the Queen (2006) 164 A Crim R 558; R v LR (2005) 156 A Crim R 354; Lefroy v R (2004) 150 A Crim R 82.
No persuasive reason has been advanced on the applicant’s behalf why PMT should be distinguished from the present case. The trial judge gave a traditional separate consideration direction. Although none of the complainant’s evidence was corroborated it was not contended on this appeal that there was any inconsistency in the verdicts of the jury. A reasonable doubt in relation to the count on which the complainant specified the date on which the alleged offence occurred, and where there was contradictory alibi evidence adduced by the defence, did not require a reasonable jury to have a doubt about the occurrence of the offences the subjects of the other counts where no such contradictory evidence was adduced.[2] Moreover, both the complainant and her father had in cross-examination acknowledged some uncertainty about the date on which the offences, which were the subject of the verdicts of not guilty, occurred.
[2]R v PMT (2003) 8 VR 50 ; cf R v Markuleski (2001) 52 NSWLR 82 at [19], [204].
I do not consider that any direction was required as to how the jury should have employed its assessment of the credibility of the complainant if they found that they were unable to act upon the complainant’s evidence with respect to a particular count. No such direction need be given in the absence of some unusual feature of the case which gives rise to a specific risk that a miscarriage of justice may occur without such a direction. The capacity of a jury to return a just verdict rests in large measure upon the confidence reposed in the jury, that it is…
Continue reading R v Goss
Sign in free to access the full text
- AGLC
- R v Goss [2007] VSCA 116
- Case
- [2007] VSCA 116
- Decision Date
CaseChat Overview and Summary
The court found that the Longman warning, which directs the jury to consider whether the accused's conduct was indecent and whether the complainant did not consent, was sufficient to ensure the verdicts were not unsafe or unsatisfactory. The court noted that the trial judge's directions as to the elements of the counts of indecent assault were sufficient, and that there was no requirement for a Markuleski direction. The court found that the verdicts were not unsafe or unsatisfactory, and dismissed the appeal.
The court held that the Longman warning was sufficient to ensure the verdicts were not unsafe or unsatisfactory. The court found that the trial judge's directions as to the elements of the counts of indecent assault were also sufficient, and that there was no requirement for a Markuleski direction. The court dismissed the appeal and affirmed the convictions.
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.