R v Van Doorn

Case [2004] VSCA 65


SUPREME COURT OF VICTORIA

COURT OF APPEAL

No. 322 of  2001

THE QUEEN

v.

PETER VAN DOORN

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JUDGES:

WINNEKE, P., VINCENT and EAMES, JJ.A.

WHERE HELD:

MELBOURNE

DATE OF HEARING:

2 December 2003

DATE OF JUDGMENT:

14 May 2004

MEDIUM NEUTRAL CITATION:

[2004] VSCA 65

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Criminal law – Sexual offences against young girls – Applicant unrepresented and electing to present arguments against conviction by written material without attending hearing of application – Whether incriminating statements made in police instigated telephone calls by complainants inadmissible on grounds of unfairness and contrary to public policy – Whether verdicts unsafe and unsatisfactory or perverse in that they were inconsistent – No error in judge’s directions as to evidence of corroboration – Judge’s directions on “similar fact” evidence unexceptional but irrelevant and in favour of applicant – No error in “propensity warning” and failure to give “Longman warning”.

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APPEARANCES: Counsel Solicitors
For the Crown Mr. G.J.C. Silbert K.Robertson, Solicitor for Public Prosecutions

For the Applicant

Case and argument
presented in writing by
Applicant

WINNEKE, P.:

  1. In October 2001 a County Court jury at Morwell convicted the applicant, Peter Van Doorn, who is now aged 70 (whom I will call “the applicant”), of 14 counts on a 23 count presentment alleging against him various offences of a sexual character against three children who, at the time of offending, were 14 years of age.   The age of the children, and the fact that they were not married to the applicant were not in dispute, having been conceded at trial.  The trial judge had directed an acquittal on counts 16, 17, 18, 19, 20 and 22 for want of evidence, and by agreement.   The jury returned verdicts of not guilty on counts 1, 2 and 11.   Eleven of the counts upon which the applicant was found guilty alleged offences of taking part in an act of sexual penetration with a child under the age of 16 years contrary to s.45 of the Crimes Act 1958 (Vic.);   and the remaining three counts in respect of which convictions were recorded alleged offences of committing an indecent act with or in the presence of a child under the age  of 16 years contrary to s.47 of the Act (counts 5, 13 and 23).   There were three victims or complainants of the conduct alleged against the applicant.   I will call them respectively “K.B.”, “J.S.” and “C.L.”.   Of the 14 counts of which the applicant was convicted, nine of them alleged offences against K.B., four against J.S. and one against C.L.

  1. On 10 December 2001 the trial judge, after entertaining a plea in mitigation on behalf of the applicant, sentenced him to nine months’ imprisonment on each of counts 5, 13 and 23 (the offences of “indecent act”) and one year on each of the other counts (the “sexual penetration” counts).    After making orders for cumulation, the total effective sentence imposed by his Honour  was five years and nine months;  he fixed a non-parole period of three years…

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R v Van Doorn [2004] VSCA 65
Case
[2004] VSCA 65
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CaseChat Overview and Summary

The case of R v Van Doorn was heard in an unspecified court where the applicant, Van Doorn, was appealing his convictions for sexual offences against young girls. Van Doorn, who elected to be unrepresented and presented his arguments against the conviction solely through written submissions without appearing at the hearing, challenged the admissibility of incriminating statements made by the complainants during police-instigated telephone calls. He argued that these statements were inadmissible on grounds of unfairness and contrary to public policy. Furthermore, Van Doorn contended that the verdicts were unsafe and unsatisfactory, suggesting they were inconsistent.

The legal issues before the court included whether the incriminating statements made by the complainants during police-instigated telephone calls were admissible and whether the verdicts were so inconsistent as to render them unsafe and unsatisfactory. The court also examined the judge’s directions concerning the evidence of corroboration and the handling of “similar fact” evidence, as well as the appropriateness of the “propensity warning” and the omission of the “Longman warning”.

In its reasoning, the court found no error in the judge’s directions regarding the evidence of corroboration. The court considered the judge’s directions on “similar fact” evidence to be unexceptional and irrelevant to the applicant’s favour. Additionally, the court held that there was no error in the “propensity warning” and determined that the failure to give the “Longman warning” was not prejudicial. The court concluded that the incriminating statements were properly admitted and that the verdicts, while perhaps difficult, were not unsafe or unsatisfactory. The appeal was thus dismissed.

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