SUPREME COURT OF QUEENSLAND
CITATION:
R v Schneiders [2007] QCA 210
PARTIES:
R
v
SCHNEIDERS, Bernard Anthony
(appellant)FILE NO/S:
CA No 70 of 2007
DC No 552 of 2006DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Bundaberg
DELIVERED ON:
27 June 2007
DELIVERED AT:
Brisbane
HEARING DATE:
18 June 2007
JUDGES:
Williams, Jerrard and Keane JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. Appeal allowed
2. Conviction set aside
3. New trial ordered
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES INVOLVING MISCARRIAGE –MISDIRECTION AND NON-DIRECTION – where appellant convicted of indecent treatment – whether defence case properly put before jury – whether satisfactory direction given in relation to appellant's failure to give evidence – whether satisfactory direction given in relation to reliability of complainant's evidence – whether there was a need for a Robinson warning – whether direction in relation to "indecent" was adequate
Criminal Code1899 (Qld), s 620(1)
Azzopardi v The Queen (2001) 205 CLR 50, applied
R v DAH [2004] QCA 419; CA No 153 of 2004, 5 November 2004, applied
Robinson v The Queen (1999) 197 CLR 162, considered
COUNSEL:
A J Kimmins for the appellant
D L Meredith for the respondentSOLICITORS:
Payne Butler Lang for the appellant
Director of Public Prosecutions (Queensland) for the respondent
WILLIAMS JA: The issues raised by the appellant on the hearing of the appeal against conviction are fully canvassed in the reasons for judgment of Keane JA which I have had the advantage of reading. There is nothing I can usefully add to what is said therein. In the circumstances the convictions should be quashed and a retrial ordered.
JERRARD JA: I have read the judgment of Keane JA and agree with the reasons and orders that His Honour proposes.
KEANE JA: On 14 March 2007 the appellant was convicted upon the verdict of a jury of four counts of indecent treatment of a child under 12 years of age. He was sentenced to concurrent sentences for each offence of 12 months imprisonment, suspended after two months actual imprisonment, for an operative period of two years.
The appellant seeks to appeal against the convictions on three grounds, each of which relates to the directions given to the jury by the learned trial judge. I will discuss these grounds of appeal in turn after first summarising the evidence at trial.
The case at trial
The indictment charged the appellant with acts of indecency with the complainant, a female child born on 16 March 1995, between 16 March 2002 and 16 March 2004. In particular:
· count 1 concerned an allegation that, when the complainant was seven or eight years old, the appellant touched her "on [her] privates", rubbing his hand over her front on the outside of her jeans from neck…
Continue reading R v Schneiders
Sign in free to access the full text
- AGLC
- R v Schneiders [2007] QCA 210
- Case
- [2007] QCA 210
- Decision Date
CaseChat Overview and Summary
The legal issues before the court encompassed whether the trial judge misdirected the jury in relation to the defence case, failed to adequately address the reliability of the complainant's evidence, or omitted to provide a Robinson warning. Furthermore, the court had to consider whether the direction given to the jury regarding the meaning of "indecent" was satisfactory. These issues were pivotal in determining whether the appellant's right to a fair trial had been upheld.
The court found that there were significant errors in the trial judge's directions to the jury, which constituted a miscarriage of justice. The defence case was not adequately put before the jury, and the trial judge failed to give a proper direction concerning the appellant's decision not to give evidence. Additionally, the court held that there was a need for a Robinson warning, which was not provided. The reliability of the complainant's evidence was not sufficiently addressed, and the direction regarding the meaning of "indecent" was also found to be inadequate. Consequently, the appeal was allowed, the conviction was set aside, and a new trial was ordered.
The final orders of the court were that the appeal be allowed, the conviction be set aside, and a new trial be ordered. This decision underscores the importance of ensuring that all directions to the jury are clear, comprehensive, and free from error, to uphold the integrity of the trial process and protect the rights of the accused.
Orders
Orders of the court
1. Appeal allowed
2. Conviction set aside
3. New trial ordered
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.