R v Green
Case
•
[2001] SASC 25
•14 February 2001
Details
AGLC
Case
Decision Date
R v Green [2001] SASC 25
[2001] SASC 25
14 February 2001
CaseChat Overview and Summary
In the case of R v Green, the appellant appealed against his conviction for the crime of rape. The appellant's primary argument was that the trial judge failed to adequately consider the substance of the defence case, which was based on the possibility that the complainant was under the influence of a drug that may have affected her behaviour and responses during the incident. The appellant also argued that the trial judge failed to warn himself adequately about the impact of the delay between the incident and the trial on the reliability of the evidence. The Court of Criminal Appeal heard the appeal and rejected the appellant's submissions, dismissing the appeal and upholding the conviction. The Court found that the trial judge had adequately considered the defence case and provided sufficient reasons for his verdict. The Court also held that, given the circumstances of the case, there was no substantial risk of a miscarriage of justice due to the failure to give a warning about the impact of the delay on the evidence.
Details
Key Legal Topics
Areas of Law
-
Criminal Law
Legal Concepts
-
Mens Rea & Intention
-
Mistake of Fact
-
Delay in Prosecution
Actions
Download as PDF
Download as Word Document
Citations
R v Green [2001] SASC 25
Most Recent Citation
R v Brawn [2025] SADC 118
Cases Citing This Decision
320
Zoneff v The Queen
[2000] HCA 28
Nelson (a pseudonym) v The King
[2025] SASCA 79
Nelson (a pseudonym) v The King
[2025] SASCA 79
Cases Cited
13
Statutory Material Cited
0
R v Keyte
[2000] SASC 382
Fleming v The Queen
[1998] HCA 68
DJS v R
[2010] NSWCCA 200