District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Pettit; R v Riley [2021] NSWDC 385 Date of orders: 05 August 2021 Decision date: 05 August 2021 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: R v Pettit:
1. Appeal allowed.
2. Conviction set aside.
3. Sentencing orders set aside.R v Riley:
1. Appeal dismissed.
2. Conviction confirmed.
3. Sentencing orders are noted not to have been the subject of appeal and are therefore confirmed.Catchwords: CRIME — Appeals — Appeal against conviction
Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW)
Crimes Act 1900 (NSW)
Supreme Court Act 1970 (NSW)
Family Law Act 1975 (NSW)Uniform Civil Procedure Rules 2005 (NSW) (UCPR)
Cases Cited: Camilleri’s Stock Feeds (1993) 32 NSWLR 683
Cooper v Coffs Harbour City Council (1997) 97 LGERA 125
Allesch v Maunz (2000) 203 CLR 172
Engelbrecht v DPP [2016] NSWCA 290
Charara v R [2006] NSWCCA 244
Dyason v Butterworth [2015] NSWCA 52
Fox v Percy [2003] HCA 22
McKellar v Director of Public Prosecutions [2011] NSWCA 91
Director of Public Prosecutions (NSW) v Burns [2010] NSWCA 265
Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172
Vok v DPP [2019] NSWCA 242
Bandara v DPP [2016] NSWCA 140
AG v Director of Public Prosecutions (NSW) [2015] NSWCA 218
Minister for Immigration and Border protection v SZVFW (2018) 163 ALD 1
KD v R [2020] NSWDC 237
DK v DPP [2021] NSWCA 134Category: Principal judgment Parties: Regina (Crown)
Riley (Offender)
Pettit (Accused)Representation: Representation for Mr Pettit:
Representation for Mr Riley:
Buckner Solicitor for the NSW DPP
Anderson Counsel for the Accused.
Buckner Solicitor for the NSW DPP
Paff Solicitor for the Offender
File Number(s): Pettit:
Riley:
2019/00289442
2019/00297894Publication restriction: Unrestricted
Introduction
-
Both of these matters are conviction appeals brought pursuant to section 18 of the Crimes (Appeal and Review) Act (“the CAR Act”). The matter of Pettit was heard by the court on 22 July 2021 and the matter of Riley was heard by the court on 26 July 2021. Both matters were adjourned to 4 August 2021 for judgment.
-
It is convenient to deal with the matters together in one judgement due to certain similarities. They have in common the issue as to the nature of the section 18 appeal. They are both matters of alleged sexual touching. The key point in the matter of Pettit is whether, as the magistrate decided, it is open on the evidence to draw the inference, or otherwise to accept the complainant’s version, that the offending conduct occurred. The key point in the matter of Riley is whether the evidence of the appellant should be rejected and the evidence of the complainant making out the offence should be accepted.
Section 18 -
In both cases, the appellant submitted that it was not necessary for the appellant to satisfy the court of any error on the part of the magistrate. In the case of Riley the appellant relied on Vince Sunter v District…
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- Case
- [2021] NSWDC 385
- Decision Date
CaseChat Overview and Summary
The court found that the trial judge had erred in his assessment of the evidence and his findings of fact in Pettit's case, leading to an unsafe and unsatisfactory conviction. The trial judge had placed undue reliance on certain evidence and had failed to adequately consider other evidence that was available. As a result, the court concluded that the conviction was unsafe and unsatisfactory and allowed the appeal. The court set aside the conviction and sentencing orders for Pettit. In contrast, the court found that the trial judge's findings of fact in Riley's case were based on a thorough and fair assessment of the evidence. The court dismissed the appeal and confirmed the conviction. The sentencing orders were not the subject of appeal and were therefore confirmed.
The court's decision in Pettit's case highlights the importance of a fair and thorough assessment of evidence in criminal trials. The court found that the trial judge had erred in his assessment of the evidence, leading to an unsafe and unsatisfactory conviction. This case serves as a reminder to trial judges to carefully consider all available evidence and to avoid placing undue reliance on any one piece of evidence. In Riley's case, the court found that the trial judge had conducted a fair and thorough assessment of the evidence and had reached a safe and satisfactory conclusion. This case serves as an example of a properly conducted criminal trial and the importance of a fair and impartial judiciary.
Orders
Orders of the court
R v Pettit:
1. Appeal allowed.
2. Conviction set aside.
3. Sentencing orders set aside.
R v Riley:
1. Appeal dismissed.
2. Conviction confirmed.
3. Sentencing orders are noted not to have been the subject of appeal and are therefore confirmed.
Background
Background to the litigation
Full text does not contain this section.
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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