Reported Decision:
145 A Crim R 345
New South Wales
Court of Criminal Appeal
CITATION: R v Teasdale [2004] NSWCCA 91 HEARING DATE(S): 15 March 2004 JUDGMENT DATE:
16 April 2004JUDGMENT OF: Tobias JA at 1; Adams J at 54; Smart AJ at 55 DECISION: 1. Appeal upheld; 2. Conviction and sentence quashed; 3. Verdict and judgment of acquittal entered CATCHWORDS: PRACTICE AND PROCEDURE - closing address to jury - where Crown invites jury to disbelieve witness evidence when no basis for making invitation - where no cross-examination of the witnesses the jury was invited to disbelieve - trial judge's duty to direct jury to ignore unsubstantiated and improper assertions - whether trial miscarried - s8(1) Criminal Appeal Act 1912 (NSW) - whether order for new trial appropriate - EVIDENCE - inviting jury to disbelieve witness's evidence with no basis for making invitation - no cross-examination of the witnesses the jury invited to disbelieve - s38 Evidence Act 1995 (NSW). - APPEAL - jury verdict - whether jury ought to have entertained reasonable doubt - whether unsafe or unsatisfactory verdict - whether evidence contained discrepancies or lacked probative force - whether significant possibility that innocent person convicted - s6(1) Criminal Appeal Act 1912 (NSW). LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 (NSW);
Criminal Appeal Act 1912 (NSW);
Evidence Act 1995 (NSW).CASES CITED: DPP (Nauru) v Fowler (1984) 154 CLR 627;
Jones v The Queen (1997) 191 CLR 439;
M v The Queen (1994) 181 CLR 487;
R v Pedrana [2001] NSWCCA 66;
R v Hasenkamp [1998] NSWSC 40;
R v Kennedy [2000] NSWCCA 487;
R v Kneebone (1999) 47 NSWLR 450;
R v Stavrinos [2003] NSWCCA 339;
R v Walton [1999] NSWCCA 452.PARTIES :
Regina
Brett Robert TeasdaleFILE NUMBER(S): CCA 60420/03 COUNSEL: A: P.D. Rosser
R: M GroganSOLICITORS: A: N Moir
R: S Kavanagh
LOWER COURTJURISDICTION: District Court LOWER COURT FILE NUMBER(S): DC 02/31/0452 LOWER COURT
JUDICIAL OFFICER :Coolahan DCJ
CCA 60420/03
DC 02/31/0452Friday 16 April 2004TOBIAS JA
ADAMS J
SMART AJ
1 TOBIAS JA: On 25 March 2003 the appellant, Brett Teasdale, pleaded not guilty before his Honour Judge Coolahan in the District Court at Newcastle to the charge that on or about 9 November 2001, at Hamilton in the State of New South Wales, he did inflict grievous bodily harm upon Ian Gregory Eggins (Mr Eggins). However, on 1 April 2003, after a five day trial, the jury returned a verdict of guilty. On 27 June 2003, the appellant was sentenced by his Honour Judge Williams to 18 months imprisonment commencing 27 June 2003 and suspended upon his entering into an 18 month good behaviour bond pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999. The appellant appeals to this Court only against his conviction.
2 The Crown's case was that at about 12.35 am on 9 November 2001, at the…
Continue reading R v Teasdale
Sign in free to access the full text
- AGLC
- R v Teasdale [2004] NSWCCA 91
- Case
- [2004] NSWCCA 91
- Decision Date
CaseChat Overview and Summary
The legal issues before the court encompassed several critical points. Primarily, the court had to consider whether the trial miscarried under s8(1) of the Criminal Appeal Act 1912 (NSW), given the Crown's improper invitation to the jury to disbelieve witness evidence without a proper basis. Additionally, the court needed to examine whether the trial judge's duty to direct the jury to disregard such unsubstantiated assertions was adequately fulfilled. The court also needed to assess whether an order for a new trial was appropriate under the circumstances.
In examining the Crown's closing address, the court found that the invitation to disbelieve the witnesses' evidence was made without any basis, and there had been no cross-examination of these witnesses. The court concluded that the trial judge's duty to direct the jury to ignore such unsubstantiated and improper assertions was not adequately fulfilled. Consequently, the court found that the trial had miscarried under s8(1) of the Criminal Appeal Act 1912 (NSW). Furthermore, the court held that an order for a new trial was appropriate given the circumstances. The court did not find it necessary to delve into the merits of the jury verdict, as the mistrial was sufficient grounds for the order.
The final orders of the court included the quashing of the appellant's conviction and the ordering of a new trial. The court emphasised the importance of ensuring that any invitation to the jury to disbelieve witness evidence is made on a proper basis and that any such assertions are properly addressed by the trial judge. This decision highlights the critical role of procedural fairness in criminal trials and the necessity for trial judges to maintain the integrity of the judicial process.
Orders
Orders of the court
Full text does not contain this section.
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.