SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v LISTER
[2013] SASCFC 17
Judgment of The Court of Criminal Appeal
(The Honourable Chief Justice Kourakis, The Honourable Justice David and The Honourable Justice Stanley)
28 March 2013
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - INCONSISTENT VERDICTS
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES
Appeal against conviction - appellant was charged with two counts of aggravated indecent assault (counts 1 and 3) and one count of unlawful sexual intercourse (count 2) - the prosecution case against the appellant was heavily reliant upon the evidence of the complainant who was 10 years of age at the time of the alleged offending and 14 years of age at the time of trial - by verdict of a jury the appellant was found guilty on count 1 and not guilty on counts 2 and 3.
Appeal against the conviction on count 1 on three grounds: (1) the verdict was unsafe and unsatisfactory and against the weight of the evidence, (2) the verdict was inconsistent with the verdicts on counts 2 and 3, and (3) the trial judge erred in failing to direct the jury specifically on the inconsistency between the complainant's in-court evidence and her two prior denials of any offending by the appellant - permission to appeal granted in relation to grounds (1) and (2) and ground (3) referred to this Court for consideration.
Held (Per the Court): Appeal dismissed.
Ground (1) dismissed: following a critical assessment of the complainant and her evidence it cannot be concluded that a reasonable jury must have had a reasonable doubt about the appellant's guilt on count 1; there was much evidence in support of the complainant's testimonial evidence.
Ground (2) dismissed: the verdict on count 1 and verdicts on counts 2 and 3 are reconcilable - the verdicts on counts 2 and 3 do not necessarily indicate a rejection of the complainant's evidence but only a lack of preparedness to find the charge proved beyond reasonable doubt on the complainant's evidence alone on account of inconsistencies - any doubts that led to the jury's acquittal on counts 2 and 3 would not necessarily have destroyed the complainant's credibility to an extent that they would have had reasonable doubt about the whole of her evidence.
Permission to appeal on ground (3) refused: the trial judge was not required to direct the jury specifically as to the complainant's prior denials of any offending by the appellant - appellant's counsel had made strong submissions on the topic and the trial judge provided the jury with a general direction on prior inconsistent statements, nothing further could have been added by way of direction.
Continue reading R v LISTER
Sign in free to access the full text
- AGLC
- R v Lister [2013] SASCFC 17
- Case
- [2013] SASCFC 17
- Decision Date
CaseChat Overview and Summary
The appellant sought to overturn his conviction on count 1, advancing three grounds of appeal. These included the assertion that the verdict was unsafe and unsatisfactory, and against the weight of the evidence. Secondly, the appellant argued that the guilty verdict on count 1 was inconsistent with the not guilty verdicts on counts 2 and 3, rendering the conviction unsafe. Finally, the appellant contended that the trial judge erred by failing to specifically direct the jury on the inconsistency between the complainant's in-court testimony and her prior denials of any offending by the appellant.
The Court dismissed the first ground, finding that a critical assessment of the complainant's evidence did not lead to the conclusion that a reasonable jury must have harboured a reasonable doubt about the appellant's guilt on count 1, given the supporting evidence. Regarding the second ground, the Court held that the verdicts were reconcilable. The acquittals on counts 2 and 3 did not necessarily signify a rejection of the complainant's evidence but rather a lack of preparedness to find those charges proven beyond reasonable doubt based solely on her evidence, due to inconsistencies. Any doubts that led to acquittal on those counts would not necessarily have destroyed the complainant's credibility to the extent of creating reasonable doubt about her entire testimony. Permission to appeal on the third ground was refused, as the Court determined the trial judge was not required to give a specific direction on the complainant's prior denials, particularly as the appellant's counsel had made strong submissions on the matter and the jury had received a general direction on prior inconsistent statements.
The appeal was dismissed.
Orders
Orders of the court
Held (Per the Court): Appeal dismissed.
Ground (1) dismissed: following a critical assessment of the complainant and her evidence it cannot be concluded that a reasonable jury must have had a reasonable doubt about the appellant's guilt on count 1; there was much evidence in support of the complainant's testimonial evidence.
Ground (2) dismissed: the verdict on count 1 and verdicts on counts 2 and 3 are reconcilable - the verdicts on counts 2 and 3 do not necessarily indicate a rejection of the complainant's evidence but only a lack of preparedness to find the charge proved beyond reasonable doubt on the complainant's evidence alone on account of inconsistencies - any doubts that led to the jury's acquittal on counts 2 and 3 would not necessarily have destroyed the complainant's credibility to an extent that they would have had reasonable doubt about the whole of her evidence.
Permission to appeal on ground (3) refused: the trial judge was not required to direct the jury specifically as to the complainant's prior denials of any offending by the appellant - appellant's counsel had made strong submissions on the topic and the trial judge provided the jury with a general direction on prior inconsistent statements, nothing further could have been added by way of direction.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.