Reported Decision:
156 A Crim R 84
New South Wales
Court of Criminal Appeal
CITATION: Regina v Rymer [2005] NSWCCA 310
HEARING DATE(S): 20 April 2005
JUDGMENT DATE:
6 September 2005JUDGMENT OF: Grove J at 1; Barr J at 92; Latham J at 93
DECISION: APPEAL AGAINST CONVICTION DISMISSED; SENTENCE APPEAL ALLOWED; APPELLANT RESENTENCED
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - EVIDENCE - DENIAL BY ACCUSED WHEN CONFRONTED BY POLICE WITH ALLEGATION - DENIAL MAINTAINED AT VIDEO RECORDED INTERVIEW HELD SHORTLY THEREAFTER - OBJECTION BY CROWN TO ADMISSION OF EXCULPATORY MATERIAL - HEARSAY - BASIS OF EXCEPTION TO HEARSAY RULE - MAINTENANCE OF COMMON PRACTICE - GENERAL DUTY OF CROWN TO TENDER SUBJECT TO OBJECTIONABILITY OF CONTRIVED MATERIAL - ACCUSED GIVES EVIDENCE FOLLOWING RULING REQUIRING HIM TO DO SO IN ORDER TO MAKE EARLIER DENIALS ADMISSIBLE - RULING ERRONEOUS BUT NO RESULTANT MISCARRIAGE - DISCUSSION OF VARIETY OF APPROACHES TO EVIDENCE OF EXCULPATORY STATEMENTS - SENTENCE - TRIAL JUDGE MISINFORMED AS TO APPLICABLE MAXIMUM PENALTY - IMPOSITIONS IN EXCESS OF MAXIMUM - APPEAL AGAINST SENTENCE ALLOWED AND APPELLANT RESENTENCED
LEGISLATION CITED: s66A Crimes Act 1900
s135 Crimes (Administration of Sentences) Act 1999
s59 Evidence Act 1995CASES CITED: Adam v The Queen 2001 207 CLR 297
Graham v The Queen 1998 195 CLR 606
Ibbs v The Queen 1997 163 CLR 447
McCallum v Parole Board [2003] NSWCCA 294
R v Brooker NSWCCA, unrep 21 February 1996
R v Bryant NSWCCA, unrep 27 June 1994
R v Callaghan 1993 70 A Crim R 350
R v Coats 1932 51 NZLR 401
R v Crisologo 1997 99 A Crim R 178
R v Familic NSWCCA, unrep 4 November 1994
R v Higgins 1829 3 C & P 603
R v Keevers NSWCCA, unrep 26 July 1994
R v Latu NSWCCA, unrep 6 July 1993
R v Middleton 1998 100 A Crim R 244
R v Moystyn 2004 145 CLR 304
R v Pearce 1979 69 Cr App R 365
R v Reyes [2005] NSWCCA 218
R v Sharp 1988 86 Crim App R 274
R v Skinner NSWCCA, unrep 28 October 1993
R v Tooke 1990 90 Crim App R 417
R v Williamson 1972 1 NSWLR 291
R v Astill 1992 63 A Crim R 148
Ratten v The Queen (1972) AC 378
The Queen's Case 1820 2 Brod & Bing 286PARTIES: Regina v Patrick Wayne Rymer
FILE NUMBER(S): CCA 2004/3220
COUNSEL: P. Barrett (Crown)
A. Haesler SC (Appellant)SOLICITORS: S. Kavanagh (DPP)
S. O'Connor (Appellant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/51/0009
LOWER COURT JUDICIAL OFFICER: Black DCJ
2004/3220
Tuesday 6 September 2005GROVE J
BARR J
LATHAM J
1 GROVE J: This is an appeal following conviction of the appellant on three counts of an indictment after trial before Black DCJ at the Lismore District Court. Count 1 charged sexual intercourse with a child under the age of ten years contrary to s 66A of the Crimes Act
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- AGLC
- R v Rymer [2005] NSWCCA 310
- Case
- [2005] NSWCCA 310
- Decision Date
CaseChat Overview and Summary
The court found that the trial judge's ruling on the admissibility of the exculpatory statements was erroneous but did not result in a miscarriage of justice. The court discussed various approaches to the admissibility of such statements, ultimately concluding that the error did not affect the outcome of the trial. Regarding the sentencing, the court determined that the trial judge was misinformed about the maximum penalty for the offences, leading to sentences that exceeded the legal limits. Consequently, the appeal against the sentence was allowed, and the appellant was resentenced.
The court provided a comprehensive review of the law concerning the admissibility of exculpatory statements made during police interviews. It highlighted the importance of maintaining common practice and the general duty of the Crown to tender evidence, subject to any objections. The court also examined the appellant's decision to give evidence following the ruling, which was required to make his earlier denials admissible. The court emphasised that while the ruling was incorrect, it did not result in a miscarriage of justice. The appeal against the sentence was successful due to the trial judge's misinformation about the maximum penalties, leading to an improper sentencing process.
The final orders included the allowance of the appeal against the sentence, the resentencing of the appellant, and a direction that the new sentence should not exceed the maximum penalties applicable to the offences. The court's decision underscored the importance of accurate legal information in sentencing and the need for careful consideration of evidence rules in criminal trials.
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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