CITATION: R v Smith [2000] NSWCCA 468 revised - 4/12/2000 FILE NUMBER(S): CCA 60677/99 HEARING DATE(S): 30 October 2000 JUDGMENT DATE:
20 November 2000PARTIES :
Regina
Robert Colin Alan SmithJUDGMENT OF: Giles JA at 1; Wood CJ at CL at 2; James J at 120
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 98 21 1328 LOWER COURT JUDICIAL
OFFICER :Bellear DCJ
COUNSEL : P. Berman
S.P. HodgesSOLICITORS: S.C. Russell
Savio SolicitorsCATCHWORDS: CRIMINAL LAW - appeals - appeal against conviction - sexual assault - aggravated sexual assault - verdict unreasonable of being supported having regard to the evidence - jury better placed to evaluate reliability of the witnesses than court - competing versions - identification evidence - warning for use identification evidence - question of motive - motive to lie LEGISLATION CITED: Criminal Appeal Act 1912 (NSW) s6(1)
Crimes Act 1900 (NSW) s61J(1)(2)(a)
Criminal Appeal Rules 1952 r4
Evidence Act (NSW) 1995 s115, 135, 137, 116, 165DECISION: (1) Appeal dismissed; (2) Conviction and sentence below confirmed
IN THE COURT OF
No. 60677/99
CRIMINAL APPEAL
GILES JA
Monday 20 November 2000
WOOD CJ at CL
BM JAMES JRegina v Robert SMITH
The appellant was convicted of aggravated sexual intercourse without consent. He was sentenced to imprisonment for a minimum term of 2 ½ years with an additional term of 2 ½ years.He appealed against the conviction on the grounds that (a) the verdict was unreasonable and could not be supported having regard to the evidence; (b) the trial judged erred in failing to direct the jury as to the way in which they should deal with the competing versions of the complainant and the appellant; (c) the trial judge erred in admitting the photographic identification evidence; (d) the trial judge should have given a warning in regard to the identification evidence; (e) the Crown Prosector inappropriately posed the question of motive in the closing address and (f) the trial judge failed to give appropriate directions in regard to the question of motive posed, therefore causing a miscarriage of justice.
HELD (dismissing the appeal):
Ground 1: Unreasonable verdict
1. This was a case in which the jury was better placed than the Court of Criminal Appeal to evaluate the reliability of the witnesses and determine if the Crown had proved its case beyond reasonable doubt. The events were not so extraordinary or inconsistent as to lead to their rejection on the basis that they were inherently improbable. The jury discharged their task properly as was evidenced by their request for the court to replay tapes of certain witnesses.
M v The Queen (1994) 181 CLR 487; Jones v The Queen (1997) 191 CLR 439; Gipp v The Queen (1998) 72 ALJR 101; Fleming (1998) 158 ALR 379; Giam (1999) 104 A Crim R 426 applied.
Ground 2 Competing versions
2. Where the jury are invited to consider whether they believe the complainant (or prosecution witness) or the accused…
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- AGLC
- R v Smith [2000] NSWCCA 468
- Case
- [2000] NSWCCA 468
- Decision Date
CaseChat Overview and Summary
The court acknowledged the challenge of assessing witness credibility, noting that the jury was in the best position to evaluate the reliability of the witnesses. The court emphasised that the jury was tasked with resolving the competing versions of events and weighing the evidence presented. The court also highlighted the importance of a proper warning being given to the jury about the use of identification evidence, as it was a crucial aspect of the case. The court found that the jury was adequately warned and that the evidence, including motive, was sufficient to support the conviction. The court concluded that the verdict was not unreasonable, given the evidence and the jury's role in evaluating witness credibility.
The court of appeal dismissed the appeal, upholding Smith's conviction. The court found that the jury was adequately warned about the use of identification evidence and that the evidence, including the question of motive, was sufficient to support the conviction. The court reaffirmed the principle that the jury is better placed to evaluate the reliability of witnesses and assess the credibility of the evidence in the context of a trial. The court found no basis to interfere with the jury's verdict, emphasising the importance of respecting the jury's role in the criminal justice system.
Orders
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