SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v R, R & R, LJ
[2008] SASC 35
Judgment of The Court of Criminal Appeal
(The Honourable Justice Gray, The Honourable Justice Sulan and The Honourable Justice White)
20 February 2008
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - UNREASONABLE OR INSUPPORTABLE VERDICT - WHERE APPEAL DISMISSED
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - MISDIRECTION AND NON-DIRECTION
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - CONDUCT OF LEGAL PRACTITIONERS
Permission to appeal and appeals against conviction - appellants each convicted of rape following trial by judge alone - appellants and complainant Aboriginals living on the Anangu Pitjantjatjara Lands - whether trial judge adequately directed herself - whether recent complaint evidence improperly used - whether identity established on the evidence - whether verdict unreasonable and unsupported by the evidence - whether complainant's mental health so affected her reliability and credibility that her uncorroborated evidence should not have been accepted - whether verdict unsafe and unsatisfactory as a result of the manner in which the trial was conducted by counsel - whether inadequacy of police investigation causative of a miscarriage of justice.
Held: Appeals dismissed.
Ali v R (2005) 214 ALR 1; Nudd v R (2006) 225 ALR 161; Penney v R (1998) 155 ALR 605; R v Birks (1990) 19 NSWLR 677; R v Green (2000) 78 SASR 463; R v Heeremans (2007) 249 LSJS 49; R v Hughes [2007] SASC 318; R v Keyte (2000) 78 SASR 68; The Queen v Apostilides (1984) 154 CLR 563; TKJW v The Queen (2002) 212 CLR 124, applied.
Gipp v The Queen (1998) 194 CLR 106; Jago v District Court (NSW) (1989) 168 CLR 23; Jones v The Queen (1997) 191 CLR 439; M v The Queen (1994) 181 CLR 487; R v R, R & Anor [2007] SASC 71; Richardson v The Queen (1974) 131 CLR 116; Whitehorn v The Queen (1983) 152 CLR 657, considered.
R v R, R & R, LJ
[2008] SASC 35Court of Criminal Appeal: Gray, Sulan and White JJ
GRAY J.
Introduction
These are appeals against conviction.
On 2 March 2007, following a joint trial by judge alone in the Supreme Court, each appellant, R, R and R, LJ, was convicted of a separate offence of rape.[1] Each has appealed with leave against his conviction on the ground that the verdict was unreasonable and unsupported by the evidence. Each has also sought permission to appeal on other grounds.
On the hearing of the appeal, the Court directed that the applications for permission to appeal be fully argued so that in the…
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- [2008] SASC 35
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