SUPREME COURT OF QUEENSLAND
CITATION:
R v Hayward [2019] QCA 91
PARTIES:
R
v
HAYWARD, Jamie Mark
(appellant)FILE NO/S:
CA No 203 of 2018
DC No 2869 of 2017DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction: 1 August 2018 (Everson DCJ)
DELIVERED ON:
21 May 2019
DELIVERED AT:
Brisbane
HEARING DATE:
5 March 2019
JUDGES:
Gotterson and McMurdo JJA and Bradley J
ORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – INDECENT ASSAULT AND RELATED OFFENCES – INDECENT – where the appellant and the complainant were both serving police officers – where the appellant grabbed the complainant’s left breast while the appellant walked past the complainant who was in a conversation with her colleagues – where the appellant contended that he thought he was grabbing another male colleague who was standing next to the complainant – where the learned trial judge directed the jury as to mistake of fact under s 24(1) of the Criminal Code – where the learned trial judge also directed the jury about the elements of the indecent assault offence, including the meaning of indecency – where neither counsel asked for redirections – where, on appeal, the appellant argued that the learned trial judge should have given a direction to the jury on the meaning of indecency as being indecent if the appellant’s intention was to touch the complainant’s breast – whether the learned trial judge made an error of law in directing the jury – whether there was a miscarriage of justice in failing to provide the direction proposed by the appellant
Criminal Code (Qld), s 24(1), s 352(1)(a)
R v Jones (2011) 209 A Crim R 379; [2011] QCA 19, considered
COUNSEL:
J McInnes for the appellant
C N Marco for the respondentSOLICITORS:
Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
GOTTERSON JA: At a trial over two days in the District Court at Brisbane, the appellant, Jamie Mark Hayward, was, on 1 August 2018, found guilty of an offence against s 352(1)(a) of the Criminal Code (Qld). The count in the indictment alleged that on the 21 April 2017 at Hillcrest, the appellant unlawfully and indecently assaulted the complainant.
Following upon the delivery of the verdict, the appellant was convicted and sentenced to imprisonment for three months. The term of imprisonment was suspended forthwith for an operational period of 12 months.
On 6 August 2018, the appellant filed a Form 26 by which he appealed to this Court against the conviction and applied for leave to appeal against sentence.[1] The application for leave was abandoned on 27 February 2019.
[1]AB 1 1-3.
Evidence of the circumstances of the alleged offending
Prosecution case: The appellant and the complainant were both serving police officers. At the time of the alleged offending, they…
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- AGLC
- R v Hayward [2019] QCA 91
- Case
- [2019] QCA 91
- Decision Date
CaseChat Overview and Summary
The central legal issue in the appeal was whether the trial judge's directions to the jury regarding the elements of the indecent assault offence, including the meaning of indecency, were sufficient. The appellant argued that the trial judge should have provided a specific direction on the meaning of indecency, focusing on the appellant's intention to touch the complainant’s breast. The court had to determine whether the trial judge's directions constituted an error of law and whether this error led to a miscarriage of justice.
The court examined the trial judge's directions and noted that while the trial judge had addressed the concept of mistake of fact under s 24(1) of the Criminal Code, no specific direction was given on the meaning of indecency in the context of the appellant's intention. The court held that the trial judge's overall directions were sufficient to enable the jury to understand the elements of the offence and to apply the law correctly. The court concluded that the omission of the specific direction on indecency did not constitute an error of law that resulted in a miscarriage of justice. Therefore, the appeal was dismissed.
The final orders of the court were that the appeal against the conviction be dismissed.
Orders
Orders of the court
Appeal dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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