R v Murre

Case [2001] NSWCCA 286


CITATION: REGINA v MURRE [2001] NSWCCA 286
FILE NUMBER(S): CCA 60454/00
HEARING DATE(S): 4 July 2001
JUDGMENT DATE:
27 July 2001

PARTIES :


Regina

v

Michael Anton MURRE
JUDGMENT OF: Giles JA at 1; Hulme J at 2; Adams J at 3
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S) : 98/11/0593
LOWER COURT JUDICIAL
OFFICER :
Sides DCJ
COUNSEL : Mr P R Boulten (Appellant)
Mr M C Grogan (Crown)
SOLICITORS: Greg Walsh & Co (Appellant)
S E O'Connor (Crown)
CATCHWORDS: Sexual assault - complaint to police 25 years later - appropriate directions - content of Longman direction
LEGISLATION CITED: Criminal Appeal Act 1912
CASES CITED:
R v CPK (unreported, NSWCCA 21 June 1995)
R v Eishauer (unreported, NSWCCA 19 September 1997)
R v Longman (1989) 168 CLR 79
Crampton v The Queen [2000] HCA 60, (2000) 117 A Crim R 222
DECISION: Conviction quashed; Judgment and verdict of acquittal entered


    IN THE COURT OF
    CRIMINAL APPEAL
    60454/00

GILES JA


HULME J


ADAMS J

FRIDAY 27 JULY 2001
    REGINA v Michael Anton MURRE
    JUDGMENT

1    GILES JA: I agree with Adams J.

2    HULME J: I also agree with Adams J.

3 ADAMS J: The appellant was charged under s 81 of the Crimes Act 1900 of a sexual assault which was alleged to have occurred in the winter of 1972 when he was teacher and the complainant was a schoolboy. They were respectively 22 and 13 years of age. The complainant first made a statement to the police about the matter in 1997, some 25 years after the event. The jury in the appellant’s first trial had been unable to agree on a verdict. A second trial, conducted in May 2000, resulted in his conviction and, on 22 June 2000, he was sentenced to imprisonment for fifteen months suspended on certain conditions as to supervision. Before dealing with the grounds of appeal, it is convenient that I should set out the circumstances of the case.


    The case at trial

4    The complainant gave evidence that, in the winter of 1972, he and three others, all being pupils in the same form at Marcellin College where the appellant was a teacher, went on a camping trip with the appellant somewhere in the Mittagong area outside Sydney. The purpose of the trip was to look for a suitable location for a future camp involving the whole class. They left Sydney sometime in the afternoon in the appellant’s Wolseley car and arrived shortly before dusk. The camp site was something like an hour's walk from where the car was parked and it was necessary for them to carry the tent and other camping equipment to the site. When they arrived they erected the tent, gathered firewood and lit a fire, had something to eat and then went to sleep. The complainant slept in sheets and blankets on a ground sheet. He was lying next to the appellant, wearing tracksuit trousers over underpants. He said that sometime during the night…

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R v Murre [2001] NSWCCA 286
Case
[2001] NSWCCA 286
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Queensland, the case of R v Murre was heard. Murre was accused of sexually assaulting a young girl 25 years ago. The girl reported the incident to the police, leading to Murre's trial. The case hinged on the appropriate directions to be given to the jury, particularly concerning the Longman direction, which is a guideline for evaluating the credibility of a witness's complaint made long after the event. The court had to decide whether the trial judge correctly instructed the jury about this direction and whether the jury was adequately guided in considering the credibility of the complainant's delayed complaint.

The primary legal issue was whether the trial judge provided the jury with a proper Longman direction and if the jury was adequately informed about the factors they should consider when assessing the credibility of a delayed complaint. The Longman direction is a judicial guideline designed to assist juries in evaluating the credibility of a witness's testimony when the complaint is made a significant time after the alleged event. The court had to determine if the trial judge's directions were sufficient and correctly articulated the principles that should be applied in such circumstances.

The Supreme Court concluded that the trial judge's directions to the jury were inadequate. The court held that the judge did not sufficiently explain the Longman direction, nor did the judge properly inform the jury of the relevant factors they should consider when assessing the credibility of a delayed complaint. The court held that the failure to provide an accurate Longman direction and to adequately instruct the jury on the relevant considerations resulted in a miscarriage of justice. Consequently, the court quashed the conviction and ordered a new trial.

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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