Reported Decision:
140 A Crim R 422
New South Wales
Court of Criminal Appeal
CITATION: R v. HEUSTON [2003] NSWCCA 172 HEARING DATE(S): 16 June 2003 JUDGMENT DATE:
30 June 2003JUDGMENT OF: Hodgson JA at 1; Simpson J at 61; Greg James J at 62 DECISION: 1.Appeal allowed. 2. Convictions quashed. 3. New trial ordered. 4. Sentences imposed on 7 June 1996 backdated so as to have commenced on 9 March 1993. CATCHWORDS: CRIMINAL LAW - Review of conviction - Reference by Attorney-General - Dealt with as appeal - Fresh evidence - Evidence from Police Royal Commission and Police Integrity Commission - Delay in complaint - Longman direction - Whether verdict of acquittal or new trial. LEGISLATION CITED: Costs in Criminal Cases Act 1997
Crimes Act 1900 ss.474C, 474D, 474LCASES CITED: Jones v. The Queen (1997) 191 CLR 439
Longman v. The Queen (1989) 168 CLR 79
R v. BWT (2002) 54 NSWLR 241
R v. Gregory [2002] NSWCCA 199
R v. Heuston, Court of Criminal appeal, 20/6/95
R v. Jovanovic (1997) 42 NSWLR 520
R v. Uhrig NSWCCA 24/10/96
WRC (2002) ACrimR 89PARTIES :
Regina - respondent
Neil Heuston - appellantFILE NUMBER(S): CCA 60018/03 COUNSEL: Mr. T. Game WC with Ms. R. Burgess for appellant
Mr. D. Howard for respondent CrownSOLICITORS: D.J. Humphries for appellant
S.E. O'Connor for respondent Crown
LOWER COURTJURISDICTION: District Court LOWER COURT FILE NUMBER(S): DC93/51/0177 LOWER COURT
JUDICIAL OFFICER :Kinchington DCJ
CCA 60018/03
DC 93/51/0177Monday 30 June 2003HODGSON JA
SIMPSON J
GREG JAMES J
1 HODGSON JA: On 18 April 1994, in the District Court at Coffs Harbour, the appellant was found guilty by a jury of two offences alleged to have been committed at Bowraville near Coffs Harbour on 15 September 1992, namely:
- (1) being armed with an offensive weapon, namely a firearm, robbing Stephen Randall Mulholland and Deborah Yvonne Mulholland of a sum of money, a quantity of cannabis leaf and a number of firearms; and
(2) having sexual intercourse with Deborah Yvonne Mulholland without her consent and knowing that she was not consenting.
2 He was sentenced to a substantial term of imprisonment, which was subsequently reduced on appeal to a total of 13 years imprisonment from 9 March 1993, with a minimum term expiring on 8 March 2003.
3 The appellant also appealed against conviction, and this appeal was dismissed by the Court of Criminal Appeal on 20 June 1995.
4 On 9 June 1997, the appellant made an application under s.474D of the Crimes Act 1900, seeking a review of this conviction. This application was dismissed by Barr J on 29 August 2000.
5 On 12 June 2002, the appellant made an application to the Governor under s.474B of the Crimes Act, seeking a further review of his conviction. On 28 January 2003, the Attorney-General referred the case to the Court of Criminal Appeal pursuant to s.474C(1)(b) of the Crimes Act; and this is the matter…
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- AGLC
- R v Heuston [2003] NSWCCA 172
- Case
- [2003] NSWCCA 172
- Decision Date
CaseChat Overview and Summary
The court first considered the principles governing the admissibility of fresh evidence in criminal cases. It noted that such evidence could be admitted if it was relevant, material, and could not have reasonably been adduced at the original trial. The court examined the timeliness and circumstances of the defendant's complaint and whether any prejudice to the respondent would result from the delay. The court also explored the Longman direction, which deals with the situation when fresh evidence is presented after a verdict of acquittal. The court had to decide whether, in light of the new evidence, the original acquittal should stand or if a new trial was warranted.
After careful consideration, the court found that the new evidence was indeed relevant and material. The court concluded that the delay in lodging the complaint did not inherently render the evidence inadmissible, as the circumstances justified the late presentation. The court determined that the evidence could have a significant impact on the original verdict, thereby affecting the fairness of the proceedings. Accordingly, the court decided that the appropriate remedy was to order a new trial rather than acquit the defendant outright. This decision ensured that the new evidence could be fully considered in a fresh proceeding.
The final orders of the court mandated that a new trial be conducted to reassess the charges against the defendant in light of the new evidence. This decision underscored the importance of ensuring that justice is served and that all relevant evidence is considered in criminal proceedings, even if it surfaces after the original trial has concluded.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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