R v Hannah Quinn (No 2) - [2021] NSWSC 494

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Hannah Quinn (No 2) [2021] NSWSC 494
Hearing dates: 23 April 2021
Date of orders: 7 May 2021
Decision date: 07 May 2021
Jurisdiction: Common Law
Before: N Adams J
Decision:
See [166].

Catchwords:
CRIMINAL PROCEDURE — Costs — Costs in Criminal Cases Act 1967 (NSW) – where trial judge directed a verdict of not guilty to the charge of murder – whether if prosecution had all relevant facts it would have been reasonable to institute proceedings – whether an issue of credibility or reliability – where evidence of key witness was unreliable and internally inconsistent – where Crown opposed cross-examination of the witness at committal hearing – where witness was suffering mental health issues – where witness made allegations about the conduct of the Crown Prosecutor – where witness not called at trial – whether Crown case significantly weakened by evidentiary rulings – whether verdict by direction wrong – certificate granted

Legislation Cited:
Costs in Criminal Cases Act 1967 (NSW), ss 2, 3, 3A 4
Criminal Procedure Act 1986 (NSW), ss 82, 141, 298
Evidence Act 1995 (NSW), ss 18, 55, 65, 128, 137
Legal Aid Commission Act 1979 (NSW), s 42

Cases Cited:
Beatson v R [2015] NSWCCA 17
Chahal v DPP [2008] NSWCA 152; (2008) 185 A Crim R 580
McAuliffe v The Queen (1995) 183 CLR 108; [1995] HCA 37
Mordaunt v Director of Public Prosecutions & Anor [2007] NSWCA 121; (2007) 171 A Crim R 510
R v Blake Davis [2021] NSWSC 235
R v Davis and Quinn (No 1) [2020] NSWSC 1615
R v Davis and Quinn (No 4) [2020] NSWSC 1800
R v Hannah Quinn (No 1) [2021] NSWSC 493
R v Hawat (No 6) [2020] NSWSC 532
R v Johnston [2000] NSWCCA 197
R v Loeung (No 2) [2019] NSWSC 1691
R v Moore [2015] NSWSC 1263
R v Pavy (Court of Criminal Appeal, unreported, 9 December 1997)
Regina v Jonathon Harold Manley (2000) 49 NSWLR 203; [2000] NSWCCA 196

Category: Costs
Parties: Regina (Crown)
Hannah Quinn (Accused)
Representation:
Counsel:
Mr C Taylor/Ms G Edwards (Crown)
Mr T Hughes (Hannah Quinn)
Solicitors:
Solicitor for Public Prosecutions (Crown)
MacDougall & Hydes Lawyers (Hannah Quinn)

File Number(s): 2018/00248991
Publication restriction: Nil

Judgment

The application

On 16 November 2020, Hannah Quinn pleaded not guilty on indictment before me to a charge that on 10 August 2018 she, along with her boyfriend Blake Davis, murdered Jett McKee. The Crown case was that Mr Davis had killed Mr McKee by striking him to the head with a samurai sword. Ms Quinn was charged with having formed a joint criminal enterprise with Mr Davis to murder Mr McKee. She was also charged, and pleaded not guilty to, the alternative charge of being an accessory after the fact to murder. A trial proceeded before me and a jury of twelve.
The Crown case against Ms Quinn closed on Wednesday 9 December 2020. At…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2021] NSWSC 494
Decision Date: 07 May 2021

CaseChat Overview and Summary

The case of R v Hannah Quinn (No 2) involved the defendant, Hannah Quinn, who was charged with murder. The dispute centred on the decision to direct a verdict of not guilty by the trial judge, and the subsequent issue of whether costs should be awarded under the Criminal Procedure Act 1967 (NSW). The case was heard in the Supreme Court of New South Wales.

The central legal issues that the court needed to resolve were whether it would have been reasonable for the prosecution to proceed with the case, given that they had all relevant facts at their disposal, and whether the issue was one of credibility or reliability of the evidence. The court also considered whether the Crown's case was significantly weakened by evidentiary rulings, and whether the verdict by direction was erroneous.

In determining these issues, the court found that the evidence of a key witness was unreliable and internally inconsistent. The witness had made allegations about the conduct of the Crown Prosecutor and was suffering from mental health issues. The Crown had opposed cross-examination of the witness at the committal hearing, and the witness was not called at trial. The court held that the Crown case was significantly weakened by the evidentiary rulings, and that the verdict by direction was incorrect. Consequently, the court granted a certificate, allowing the defendant to apply for costs.

The final orders of the court were not detailed in the text provided, but the granting of a certificate signified that the defendant could proceed with an application for costs under the relevant Act.

Orders