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R v Milton

R v Milton

Case [2004] NSWCCA 195 18 June 2004

Appeal

Admissibility of Evidence

Sentencing

Mens Rea & Intention

Criminal Law

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CITATION: R v Milton [2004] NSWCCA 195

HEARING DATE(S): 18/11/03

JUDGMENT DATE:
18 June 2004

JUDGMENT OF: Tobias JA at 1; Hidden J at 2; Greg James J at 57

DECISION: Appeal against conviction dismissed. Application for leave to appeal against sentence granted, but appeal dismissed.

CATCHWORDS: CRIMINAL LAW: Appeal against conviction - charges of homosexual intercourse and related charges - two complainants - whether evidence relating to each admissible in the case of the other as tendency evidence - whether other evidence available as confirmatory of complainants' evidence - adequacy of judge's directions about confirmatory evidence. - Application for leave to appeal against sentence - whether sentence on one count in compliance with Pearce v The Queen. Whether special circumstances should have been found in applicant's subjective case.

LEGISLATION CITED: Crimes Act, 1900
Criminal Appeal Act, 1912
Evidence Act, 1995

CASES CITED: BRS v The Queen (1977) 191 CLR 275 at 302
Eade v The King (1924) 34 CLR 155 at 158
Hoch v The Queen (1988) 165 CLR 292
Pearce v The Queen (1998) 194 CLR 610 at 623-4
R v Connors [2000] NSWCCA 470 at [133]
R v Ellis [2003] NSWCCA 319
R v Guldur (1986) 8 NSWLR 12 at 15
R v Kalajzich & Anor (1989) 39 ACrim R 415 at 426
R v Simpson (2001) 53 NSWLR 704 at [73]
R v Tubou [2001] NSWCCA 243 at [15]
R v Verma (1987) 30 ACrim R 441 at 445
The King v Baskerville [1916] 2 KB 658 at 667

PARTIES :
Regina
Paul Steven Milton

FILE NUMBER(S): CCA 60251/03

COUNSEL: D Woodburne - Crown
T Golding - App

SOLICITORS: CK Smith - Crown
S O'Connor - App

LOWER COURTJURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 00/11/1019

LOWER COURT
JUDICIAL OFFICER : JX Gibson DCJ

60251/03

TOBIAS JA
HIDDEN J
GREG JAMES J
Friday, 18 June, 2004

REGINA v Paul Steven MILTON

Judgment

1 TOBIAS JA: I agree with Hidden J

2 HIDDEN J: The appellant was tried in the Sydney District Court upon an indictment containing six counts of homosexual intercourse with a male aged between ten and eighteen years, two counts of committing an act of indecency towards a person under the age of sixteen years and one count of detaining for advantage. The jury found him guilty of all counts, and he was sentenced to terms of imprisonment aggregating sixteen years with a non-parole period of twelve years. He appeals against the convictions and seeks leave to appeal against the sentences.

The evidence

3 There were two complainants, to whom I shall refer as CB and MP, who were both in their early teenage years at relevant times. The first five counts, all of homosexual intercourse, related to CB. They were alleged to have occurred over a period between late 1987 and early 1990, when the appellant was in his early thirties.

4 CB had come from an unstable family background. His father had died when he was young, his mother had been unable…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Milton

Details

AGLC: R v Milton [2004] NSWCCA 195
Case: [2004] NSWCCA 195
Decision Date: 18 June 2004

CaseChat Overview and Summary

The case of R v Milton involved the appellant who was convicted on various charges related to homosexual intercourse. The trial judge found the appellant guilty based on the testimonies of two complainants. The appellant appealed against both his conviction and sentence. The primary legal issues in this case were whether evidence relating to one complainant was admissible in the case of the other as tendency evidence and whether there was other evidence available that could confirm the complainants' testimonies. Additionally, the court examined whether the judge's directions about confirmatory evidence were adequate and whether the sentence complied with the guidelines set out in Pearce v The Queen.

The court considered the admissibility of tendency evidence and found that the evidence from one complainant was relevant and admissible in the case of the other, as it tended to establish a common course of conduct by the appellant. The court also found that there was sufficient confirmatory evidence, which included medical reports and witness statements, to support the complainants' testimonies. Regarding the adequacy of the judge's directions, the court concluded that the judge had adequately directed the jury on the use of confirmatory evidence. Concerning the sentence, the court found that the sentence on one count was in compliance with Pearce v The Queen, but did not find any special circumstances that warranted a reduction in sentence.

The appeal against conviction was dismissed, and the appeal against sentence was also dismissed. The court held that the evidence was properly admitted and the sentence was correctly imposed. The court did not find any errors in the trial judge's directions or in the sentence imposed. Therefore, the convictions and sentences were upheld.

Orders