SUPREME COURT OF QUEENSLAND
CITATION:
R v Walton [2008] QCA 9
PARTIES:
R
v
WALTON, Harold Thomas(appellant)
FILE NO/S:
CA No 316 of 2007
DC No 255 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Ipswich
DELIVERED ON:
8 February 2008
DELIVERED AT:
Brisbane
HEARING DATE:
1 February 2008
JUDGES:
McMurdo P, Fraser JA and Mackenzie J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
Appeal allowed. Set aside the convictions on counts 1 and 2 and order that there be a new trial on each count
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION - where appellant charged with two counts of unlawfully and indecently dealing with a child - where redirection to jury spoke of whether there was a “good chance” the touching was accidental – whether the jury were misdirected as to the onus and standard of proof.
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – where the addresses of counsel referred to the complainant’s distressed condition – whether the learned trial Judge should have directed the jury as to the relevance, use and dangers of such evidence.
Thomas v R (1960) 102 CLR 584, applied
Green v R (1971) 126 CLR 28, appliedR v Irlam: ex parte A-G (Qld) [2002] QCA 235, cited
R v Punj [2002] QCA 333, consideredR v Rutherford [2004] QCA 481, distinguished
COUNSEL:
B W Farr SC for the appellant
M J Copley for the respondentSOLICITORS:
Ryan and Bosscher Lawyers for the appellant
Director of Public Prosecutions (Queensland) for the respondent
McMURDO P: The appeal should be allowed, the convictions set aside and a new trial ordered on each count for the reasons given by Mackenzie J.
FRASER JA: I agree with the reasons of Mackenzie J and the orders proposed by his Honour.
MACKENZIE J: The appellant was convicted of two counts of unlawfully and indecently dealing with a child under 16 years who was under his care. Both offences were alleged to have occurred on the same day in relation to a 14 year old girl who, with a friend, was visiting the appellant’s property near a provincial city to go horse riding.
The grounds in the notice of appeal were not argued and, by leave, the following grounds were substituted:
(a) the learned Judge misdirected the jury as to the meaning of “proof beyond reasonable doubt”; and
(b) the learned trial Judge failed to direct the jury as to the relevance, use and dangers that can be made of evidence of distressed condition.
The complainant had never been to the property before, but her friend had been there many times previously. During the day the girls swam in the appellant’s pool. The complainant was wearing a bikini. At the time of…
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- AGLC
- R v Walton [2008] QCA 9
- Case
- [2008] QCA 9
- Decision Date
CaseChat Overview and Summary
The legal issues presented to the court involved whether the redirection to the jury on the question of whether the touching was accidental constituted a misdirection and whether the jury were misdirected as to the onus and standard of proof. Additionally, the court examined whether the trial judge should have directed the jury regarding the relevance, use and dangers of the complainant's distressed condition as discussed in the addresses of counsel. The appellant argued that these alleged misdirections and non-directions resulted in a miscarriage of justice.
The court found that the redirection to the jury did indeed misdirect them as to the onus and standard of proof, as it introduced a subjective and imprecise notion of a "good chance" that the touching was accidental. This was not aligned with the statutory requirements and legal principles governing the standard of proof in criminal cases. Furthermore, the court held that the trial judge should have provided directions to the jury regarding the relevance and potential dangers of the complainant's distressed condition as discussed in counsel's addresses. These directions were necessary to ensure that the jury properly assessed the reliability and weight of the complainant's testimony.
Consequently, the appeal was allowed, and the convictions on counts 1 and 2 were set aside. The court ordered that there be a new trial on each count. This decision underscores the importance of clear and precise legal directions to a jury, particularly in cases involving the credibility of a complainant and the standard of proof required for a conviction.
Orders
Orders of the court
Appeal allowed. Set aside the convictions on counts 1 and 2 and order that there be a new trial on each count
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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