R v Quinn - [2000] NSWCCA 446

NEW SOUTH WALES CRIMINAL COURT OF APPEAL

CITATION: REGINA v. QUINN [2000] NSWCCA 446

FILE NUMBER(S):
No. 60270 of 1998

HEARING DATE(S): Friday 8 September 2000

JUDGMENT DATE: 27/10/2000

PARTIES:
REGINA v.
QUINN, Peter Andrew

JUDGMENT OF: Fitzgerald JA Newman J Greg James J

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 96/21/1041

LOWER COURT JUDICIAL OFFICER: Cantrill, ADCJ.

COUNSEL:
Crown: W.G. Dawe QC.
App: In person (conviction)
App: J.S. Andrews (sentence)

SOLICITORS:
Crown: S.E. O'Connor
App: In person (conviction)
App: Maureen Fanning & Associates (sentence)

CATCHWORDS:
Criminal law - sexual assault - appeal against conviction - unrepresented appellant - identification - sufficiency of evidence - absence of identification parade, sufficient reason therefor - fresh evidence - lack of cogency - adequacy of legal representation - no basis for complaint - complaint of bias - no substance - sufficient evidence to support conviction - leave to appeal against sentence - sentence manifestly excessive.

LEGISLATION CITED:
Criminal Appeal Act 1912
Crimes (Sentencing Procedure) Act 1999

DECISION:
Appeal against conviction dismissed; leave to appeal against sentence granted and the appeal against sentence upheld; sentence quashed and in lieu thereof the offender be sentenced to a term of imprisonment for nine years commencing 14 May 1998 and expiring 13 May 2007 with a non-parole period of seven years which will expire on 13 May 2005. The earliest date on which the offender will be eligible for release will be 13 May 2005.

JUDGMENT:

IN THE COURT OF
CRIMINAL APPEAL

No. 60270 of 1998
CORAM: FITZGERALD, JA.
NEWMAN, J.
GREG JAMES, J.

FRIDAY 27 OCTOBER 2000

REGINA v. PETER ANDREW QUINN

JUDGMENT

FITZGERALD, JA: I agree with Greg James, J.
NEWMAN, J: I have had the advantage of reading in draft form, the reasons and orders of Greg James, J. I agree with his Honour's reasons and the orders he proposes.
GREG JAMES, J: Peter Andrew Quinn appeals against his conviction and seeks leave to appeal in respect of the sentence imposed upon him on a charge of sexual intercourse without consent in circumstances of aggravation. He was tried in the District Court at Penrith before Acting Judge Cantrill.
His Honour sentenced the appellant to a minimum term of nine years penal servitude to commence on 14 May 1998 and an additional term of two years. The appellant had been admitted to bail prior to conviction.
The appellant was represented at the trial but before us appeared for himself on the appeal although counsel appeared for him on his application for leave to appeal.
In summary, the case alleged against the appellant was that he had followed a 15 year old girl into a ladies' toilet on the train platform at Lithgow, threatened her and digitally penetrated her vagina. She had fled the toilet and by her actions identified him as he left the scene to passengers and railway personnel. He had denied the offence to police and asserted a mistaken identification.
The appeal had been listed some time ago but was stood…

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 Quinn

Details

AGLC: R v Quinn [2000] NSWCCA 446
Case: [2000] NSWCCA 446
Decision Date: 27 October 2000

CaseChat Overview and Summary

In the case of R v Quinn, the appellant, who was unrepresented, was convicted of sexual assault and appealed against his conviction and sentence. The appellant's primary contentions on appeal were the sufficiency of the evidence, the absence of an identification parade, and the adequacy of his legal representation. Additionally, the appellant claimed that the magistrate was biased against him and that the sentence imposed was manifestly excessive.

The legal issues central to the appeal included whether the evidence was sufficient to support the conviction, whether the absence of an identification parade prejudiced the appellant, and whether the appellant's unrepresented status and alleged bias on the part of the magistrate warranted a reconsideration of the conviction or sentence. The court also considered whether the fresh evidence presented by the appellant was cogent enough to warrant a new trial.

The court found that there was sufficient evidence to support the conviction, despite the absence of an identification parade. The court held that the reason for not holding an identification parade was justified, and the lack of such a procedure did not prejudice the appellant. Regarding the adequacy of legal representation, the court concluded that there was no basis for a complaint about the representation. The appellant's claims of bias and the excessiveness of the sentence were also found to be without merit. The fresh evidence presented by the appellant was deemed to lack cogency. Consequently, the appeal against the conviction was dismissed, and while leave to appeal against the sentence was granted, the sentence was not found to be manifestly excessive.

Orders