SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v HAJISTASSI
[2010] SASC 111
Judgment of The Court of Criminal Appeal
(The Honourable Justice White, The Honourable Justice David and The Honourable Justice Kourakis)
27 April 2010
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - REVIEW OF EVIDENCE
CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - STATEMENTS - VOLUNTARY STATEMENTS - FUNCTIONS OF JUDGE AND JURY - DIRECTIONS TO JURY
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - JURY'S MISCONDUCT, BIAS OR FAILURE TO APPLY MINDS TO REAL ISSUES
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - PROVOCATION - DIRECTIONS TO JURY
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
Appeal against conviction for murder - appellant killed the deceased by inflicting multiple stab wounds - issue of self-defence was raised at trial - evidence of the deceased's violent predisposition was adduced - whether the Judge's directions were sufficient to alert the jury as to the way that they could use this evidence in regard to the issue of self-defence - discussion of the principles concerning the admissibility of evidence regarding a victim's violent predispostion.
Whether the directions adequately alerted the jury that the evidence concerning self-defence should also be considered in relation to the accused's intention .
Held: the ways in which the jury could use the evidence regarding the deceased's violent predisposition were clear from the closing submissions of counsel and from the Judge's directions.
Evidence was adduced at trial of telephone calls containing both inculpatory and exculpatory statements as direct evidence from the accused- whether the jury should have been further directed that the exculpatory statements amounted to evidence of their truth.
Held: not necessary for the Judge to give a further direction as to the proper evidentiary use of the exculpatory statements.
Whether several matters regarding the composition and conduct of the jury accumulated to cause a miscarriage of justice - one juror was excused from service because it was communicated to the Court that he felt unable to cope with the task - another juror reported that she found some of the evidence distressing and a third asked for an advance warning of any graphic or potentially disturbing evidence - no evidence that the jury were distracted from their task by the reactions of the affected jurors to the evidence.
Held: the Judge did not err by failing to declare a mistrial when excusing the juror - the reactions of the two other jurors did not indicate that a miscarriage of justice had occurred.
Whether the Judge erred in failing to leave the defence of provocation to the jury - provocation was not a defence raised at trial.
Held: the evidence upon which the appellant relies was insufficient to produce, in the minds of a reasonable jury, a…
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- AGLC
- R v Hajistassi [2010] SASC 111
- Case
- [2010] SASC 111
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the trial judge had properly directed the jury on the legal principles relevant to provocation and self-defence, and whether the jury's verdict was unreasonable or unsustainable in light of the evidence. Specifically, the court needed to assess whether the evidence supported a finding that the appellant had lost self-control due to provocation and whether an ordinary person in the appellant's position would have acted similarly.
The court found that the trial judge had not erred in directing the jury on the principles of provocation and self-defence. The judge had clearly instructed the jury to consider the evidence objectively and to disregard any personal biases or emotions. The court also concluded that the jury's verdict was supported by the evidence. The deceased's history of violence towards the appellant's mother was not sufficient to establish that the appellant had lost self-control due to provocation. Furthermore, an ordinary person in the appellant's position would not have reacted with lethal force in the circumstances presented.
The appeal was dismissed, and the conviction for manslaughter was upheld. The court found that the evidence did not support a finding of provocation and that the jury's verdict was reasonable in light of the evidence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Evidence was also led from the deceased’s brother. He had been informed of the incident in which the deceased had punched Ms Stone. He said, however, that he was not aware of any other incidents of violence by the deceased towards Ms Stone and said that the deceased was not generally short-tempered. Consideration of the Submission Concerning Absence of Directions The appellant submitted that not only had the Judge not directed the jury as to the proper use which could be made of Ms Stone’s evidence concerning the appellant’s violence towards her and his violent outbursts more generally, she had effectively suggested to the jury that this evidence should not colour or cloud their consideration of the issues in the trial. In this respect, the appellant referred to that part of the summing-up in which the Judge directed the jury to consider the evidence objectively and dispassionately, putting aside all emotions such as prejudice or sympathy. In the course of giving this direction, the Judge said:Ladies and gentlemen, in the course of this trial [Ms Stone] gave evidence about some problems she had with [the deceased] which she suggested mainly related to [the deceased’s] drinking. She also described [the deceased] as having been violent to her in the past. Ladies and gentlemen, I mention these matters at this point in the discussion because, depending on your view of the evidence, it might be the case that you disapprove of some aspects of the behaviour of [the deceased]. On the other hand, you might disapprove of some aspects of the behaviour of the accused. It might be the case that you do not care for some of the language used by the accused in the telephone calls from the Adelaide Remand Centre. The Judge then went on to remind the jury that a criminal court is not a court of morals and that they were not to allow their consideration of the issues in the case to be clouded or influenced by any disapproval they might have of the conduct of the deceased on other occasions or of the accused, or for that matter, of any of the other witnesses from whom they had heard. The appellant submitted that an express direction should have been given to the jury to the effect that it could take the evidence concerning the deceased’s history into account when considering who was the instigator of the assault. The appellant did not refer to any authority discussing the particular directions which should be given in relation to self-defence when the victim of the assault has a proven record or history of violence. Instead he relied on statements of general principle to the effect that juries should be assisted in applying the relevant legal principles to the circumstances of the particular case. Those principles do not require a judge to traverse every item of evidence in the summing-up. The extent to which it is necessary to do so depends upon a number of matters including the issues arising in the case, the importance of the evidence to the jury’s consideration of those issues, and the extent to which that importance is self-evident or has been made apparent to the jury during the course of the trial.