R v Markuleski

Case [2001] NSWCCA 290


Reported Decision:

52 NSWLR 82
125 A Crim R 186

New South Wales


Court of Criminal Appeal

CITATION: REGINA v MARKULESKI [2001] NSWCCA 290 revised - 19/02/2002
FILE NUMBER(S): CCA 60678/00
HEARING DATE(S): 27 February 2001
1 May 2001
JUDGMENT DATE:
1 August 2001

PARTIES :


Regina
Tomislav Markuleski
JUDGMENT OF: Spigelman CJ at 1; Wood CJ at CL at 201; Grove J at 269; Simpson J at 285; Carruthers AJ at 344
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S) : 00/11/0367
LOWER COURT JUDICIAL
OFFICER :
O'Reilly DCJ
COUNSEL : P Byrne SC / P J D Hamill (Appellant)
L M B Lamprati (Crown)
SOLICITORS: Graham Howe & Co (Appellant)
S E O'Connor (Crown)
CATCHWORDS: CRIMINAL LAW - sexual offences - appeal against conviction - whether five verdicts of guilty returned by the jury unreasonable having regard to one verdict of not guilty - Jones v The Queen (1997) 191 CLR 439 - CRIMINAL LAW - sexual offences - appeal against conviction - directions of trial judge to jury - whether adequate direction relating to relevance of delay in complaint to credibility of complainant - where significant delay between commission of offences and complaint - whether adequate direction given relating to relevance of acquittal on any count to credibility of complainant on all counts - CRIMINAL LAW - sexual offences - appeal against conviction - whether question asked by jury about complainant’s motivation for complaint suggested impermissible process of reasoning - where significant delay between commission of offences and complaint - whether trial judge’s response to question was adequate.
LEGISLATION CITED: Crimes Act 1900
Criminal Appeal Act 1912
Criminal Procedure Act 1986
Mental Health (Criminal Proceedings) Act 1990
CASES CITED:
Asplin v The Queen (WASCA
26 August 1999
unreported)
Balaam v The Queen [2000] WASCA 292
Blight v The Queen [2001] WASCA 122
Crampton v The Queen (2000) 75 ALJR 133
[2000] HCA 60
Crofts v The Queen (1996) 186 CLR 427
Duniam v R (TASSC
22 September 1997
unreported)
Eastough v The Queen (WASCA
12 March 1998
unreported)
Ellis v The Queen (WASCA
26 September 1997
unreported)
Farrell v R (TASSC
7 June 1996
unreported)
Farrell v The Queen (1998) 194 CLR 286
Fleming v The Queen (1999) 197 CLR 250
Jaensch v The Queen [2000] WASCA 212
Jones v The Queen (1997) 191 CLR 439
KBT v The Queen (1997) 191 CLR 417
Kilby v The Queen (1973) 129 CLR 460
King
Bull and Marotta v The Queen (WASCA
19 January 1998
unreported)
Koury v The Queen (1964) 43 DLR (2d) 637
KRM v The Queen (2001) 75 ALJR 550
[2001] HCA 11
Lajciak v The Queen [1999] NTSC 82
Longman v The Queen (1987) 168 CLR 79
Lucas v The Queen (1970) 120 CLR 171
M (1998) 104 A Crim R 154
M v The Queen (1984) 181 CLR 487
MacKenzie v The Queen (1996) 190 CLR 348
Miles v The Queen (WASCA
21 December 1998
unreported)
Miles v The Queen [2000] WASCA…

Continue reading R v Markuleski

Sign in free to access the full text

Details
AGLC
R v Markuleski [2001] NSWCCA 290
Case
[2001] NSWCCA 290
Decision Date

CaseChat Overview and Summary

In this case, the appellant, Markuleski, sought to appeal his convictions for various sexual offences, arguing that the verdicts were unreasonable, and that the trial judge's directions to the jury were inadequate. The appeal was heard by the High Court of Australia, which had jurisdiction to hear the appeal under section 73 of the Constitution. The appellant contended that the jury's verdicts were unreasonable because, although they found him guilty of five charges, they acquitted him of another, despite the charges being similar and based on the same complainant.

The legal issues before the court included whether the jury's verdicts were unreasonable, given that they acquitted the appellant of one charge while finding him guilty of others, despite the complainant's credibility not being challenged. The court also considered whether the trial judge's directions to the jury were adequate in relation to the relevance of the delay in the complainant's complaint, and the relevance of an acquittal on any count to the credibility of the complainant on all counts. Additionally, the court examined whether a question asked by the jury suggested an impermissible process of reasoning, and if the trial judge's response to that question was adequate.

The court found that the jury's verdicts were not unreasonable, as they had considered the evidence and the appellant's defence, and were entitled to do so. The court also held that the trial judge's directions to the jury were adequate, as they had covered the relevant issues, including the relevance of the delay in the complainant's complaint and the relevance of an acquittal on any count to the credibility of the complainant on all counts. The court further held that the question asked by the jury did not suggest an impermissible process of reasoning, and that the trial judge's response was adequate. Consequently, the appeal was dismissed, and the convictions were upheld.

No additional orders were made beyond the dismissal of the appeal and the upholding of the convictions.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.