Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: R v Jarrett [2012] NSWCCA 81 Hearing dates: 23 April 2012 Decision date: 07 May 2012 Before: Basten JA at [1]
Blanch J at [2]
Hall J at [20]Decision: (1) The Crown appeal be allowed.
(2) The order rejecting the confessions be set aside.
(3) The case be remitted to the District Court at Lismore for trial.
Catchwords: Criminal law - s5F appeal by Crown against rejection of evidence substantially weakening prosecution case
Criminal law - relevant evidence is necessary to reject confession on the basis of unfairness under s90 Evidence Act 1995.Legislation Cited: Criminal Appeal Act 1912
Crimes Act 1900
Evidence Act 1995
Mental Health Act 2007Cases Cited: R v Shamouil [2006] NSWLR 228
Em v The Queen (2007) 232 CLR 67; [2007] HCA 46
R v Medcalfe [2002] ACTSC 83Category: Principal judgment Parties: Regina (Applicant)
John Charles Jarrett (Respondent)Representation: N Noman (Applicant)
D Imlah (Respondent)
S Kavanagh (Applicant)
File Number(s): 2009/158211 Decision under appeal
- Jurisdiction:
- 9101
- Citation:
- R v John Charles Jarrett
- Date of Decision:
- 2011-10-31 00:00:00
- Before:
- Black QC DCJ
- File Number(s):
- 2009/158211
Judgment
BASTEN JA: I agree with Blanch J.
BLANCH J: The Crown appeals pursuant to s5F(3A) of the Criminal Appeal Act 1912 against a decision of his Honour Judge Black in the District Court at Lismore on 31 October 2011.
The respondent appeared for trial on an indictment alleging that between 29 June 2007 and 1 July 2007 he committed two offences of indecent assault contrary to s61M(2) Crimes Act 1900 and two offences of sexual intercourse with a child under 16 contrary to s61J Crimes Act 1900.
The Crown case was that the complainant, a 12 year old girl, stayed over at the home of her friend who was the daughter of the respondent. She said that her friend went to bed and the respondent then indecently assaulted her and then had penile vaginal intercourse with her. There was some evidence of complaint to a girlfriend in 2007 and also to a boyfriend. The complainant was not interviewed by police until 29 January 2009.
At trial the Crown sought to lead evidence of admissions made by the respondent to hospital staff and to Mr Greg Telford, an employee of the Department of Community Services, after he presented himself to the Emergency Department of Lismore Base Hospital.
The first piece of evidence sought to be led was a statement from Dr Petroff, a consultant psychiatrist who identified a form filled in by him on 2 October 2007. That form noted a confession by the respondent that he ",... sexually abused his daughter's 13 year old friend some months ago..." and noted the girl had abused him and he was terrified of going to gaol and was threatening to kill himself if discharged. The doctor ticked a box saying the respondent "is a mentally disordered person" and directed he be kept in casualty and treated.
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- AGLC
- R v Jarrett [2012] NSWCCA 81
- Case
- [2012] NSWCCA 81
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the trial judge was correct in excluding the evidence. Specifically, the court had to determine if the evidence was relevant to assessing the fairness of the defendant's confession under section 90 of the Evidence Act 1995. The Crown argued that the evidence was necessary to challenge the voluntariness and reliability of the confession, which was a critical component of their case.
The court examined the role of evidence in assessing the fairness of a confession. It noted that section 90 of the Evidence Act 1995 allows for the exclusion of evidence if its probative value is substantially outweighed by the danger of unfair prejudice. However, the court found that the excluded evidence was relevant to the fairness of the confession and should not have been excluded. The court held that the evidence was necessary to challenge the voluntariness of the confession, and its exclusion substantially weakened the prosecution case. Consequently, the court allowed the appeal and remitted the matter to the trial court for reconsideration.
The final orders of the court included a direction for the trial judge to reconsider the excluded evidence and determine whether it should be admitted in accordance with section 90 of the Evidence Act 1995. The case was to be re-trialled if the trial judge determined that the evidence should be admitted.
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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