R v GREEN
[2001] SASC 25
Court of Criminal Appeal: Doyle CJ, Olsson and Bleby JJ
1................ DOYLE CJ....... This is an appeal against a conviction recorded by a Judge of the District Court after trial by Judge alone. A criminal trial may proceed without a jury pursuant to s 7 of the Juries Act 1927 (SA).
Olsson J has summarised the facts and identified the issues. I will not retrace that ground.
Mr Peek QC, counsel for the appellant, submits that the trial Judge’s reasons indicate that, on several issues arising at the trial, he directed himself inadequately, and that he reached conclusions by an unreliable process of reasoning. He submits that the verdict is “unreasonable or cannot be supported having regard to the evidence”, and that there has been a “miscarriage of justice”: see s 353(1) of the Criminal Law Consolidation Act 1935 (SA). His main submission is that the Judge’s reasons show that the Judge failed to consider adequately the substance of the defence case. He also advances a number of other specific criticisms of the Judge’s reasons, and these also are relied upon to buttress the complaints about the verdict.
I am of the opinion that the submissions for the appellant should be rejected, and that the appeal should be dismissed.
Duty to give reasons
By and large Mr Peek based his submissions on the manner in which the trial Judge dealt with issues that arose at trial. The effect of his submission was that the Judge’s reasoning was in particular respects unreliable, or that the Judge’s reasons demonstrated that the Judge had not considered the relevant issues satisfactorily.
No submissions were advanced by Mr Peek or by Mr Rofe QC, the Director of Public Prosecutions, as to the extent of the reasons required by a Judge sitting without a jury.
In relation to that matter I adhere to what I said in R v Keyte [2000] SASC 382 about the duty to give reasons. It is not necessary to take the matter any further in this case. The Judge has adequately disclosed his process of reasoning, and has dealt with the issues that arose at trial. The question is whether the reasons given by the Judge are flawed. The complaint that the Judge erred because he did not warn himself that he should exercise great care before convicting Mr Green, because of the delay between the incident in question and the trial, perhaps stands a little differently, but as will appear I am satisfied in any event that that complaint is not made out.
Treatment of the defence case
The trial Judge was satisfied beyond reasonable doubt that Ms Lockey did not consent to Mr Green having intercourse with her. That finding was not directly attacked on appeal, although some of the grounds argued are capable of affecting that finding as well as the finding mainly under attack. In my opinion there is no flaw demonstrated in this aspect of the Judge’s reasons.
The defence…
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- R v Green [2001] SASC 25
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- [2001] SASC 25
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