SUPREME COURT OF QUEENSLAND
CITATION: R v Walton and Harman [2001] QCA 309 PARTIES: R
v
WALTON, Chad Damien
(applicant/appellant)
HARMAN, Danyle Jon
(applicant/appellant)FILE NO/S: CA No 54 of 2001
CA No 55 of 2001
DC No 67 of 2000DIVISION: Court of Appeal PROCEEDING: Appeal against conviction and sentence ORIGINATING COURT: District Court at Cairns DELIVERED ON: 7 August 2001 DELIVERED AT: Brisbane HEARING DATE: 18 June 2001 JUDGES: McMurdo P, Thomas JA and Jones J
Joint reasons for judgment of Thomas JA and Jones J; separate reasons of McMurdo P, dissenting in partORDER: In Appeal No 54 of 2001:
1.Appeal against conviction of indecent assault allowed, the verdict set aside and a verdict of acquittal entered.
Appeal against conviction of rape allowed, the conviction set aside, with a direction for re-trial.2.
In Appeal No 55 of 2001:
Appeal against conviction of rape allowed, the verdict set aside and a verdict of acquittal entered.1.
Appeal against conviction of indecent assault dismissed.2.
3. Application for leave to appeal against sentence refused.
CATCHWORDS: CRIMINAL LAW – PARTICULAR OFFENCES – SEXUAL OFFENCES – where both accuseds and complainant affected by alcohol – where complainant had fallen asleep and woke as one accused was having sexual intercourse with her and the other was licking her breasts – where “blank spots” in complainant’s memory – whether actions of one accused encouraged the other
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JURIES – SUMMING-UP – whether judge erred in direction concerning application of s7(1)(c) Criminal Code and “joint enterprise” to commit offenceCRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JURIES – MISCELLANEOUS POWERS OF COURTS AND JUDGES – whether judge erred in not discharging two jurors in circumstances where they were business associates of the complainant’s mother and investigating officer’s wife, respectively
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JURIES – SUMMING UP – whether judge erred in direction concerning intoxication of complainant and resultant loss of memory – whether direction inadequate
CRIMINAL LAW – EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS – whether judge erred in admission of evidence that appellant worked as a law clerk between being charged with offence and trial
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JURIES – SUMMING UP – whether judge erred in direction on lies – whether direction deficient
CRIMINAL LAW – JURISDICTION PRACTICE AND PROCEDURE – JURIES – VERDICT – whether unsafe and unsatisfactory
Criminal Code s 7, s 7(1)(a), s 7(1)(b), s 7(1)(c), s 8
Jury Act (Qld) 1995 s 56(1)(a)Edwards v The Queen (1993) 1978 CLR 193, distinguished
R v Brennan [1999] 2 QdR 529, considered
R v Edwards & Ors [2000] QCA 508; CA No 148,159,168 of 2000, 14 December 2000, considered
R v Lowrie and Ross [2001] 1 QdR 529, distinguished
Tangye (1997) 92 A Crim R 545, considered
Webb & Hay v R (1994) 181 CLR 41,…
Continue reading R v Walton and Harman
Sign in free to access the full text
- AGLC
- R v Walton and Harman [2001] QCA 309
- Case
- [2001] QCA 309
- Decision Date
CaseChat Overview and Summary
The court was required to address several legal issues, including whether the judge erred in directing the jury on the application of section 7(1)(c) of the Criminal Code concerning joint enterprise and whether the judge correctly handled the potential bias of two jurors. Additionally, the court examined the admissibility of evidence regarding the appellant's employment as a law clerk post-charge and pre-trial, as well as the sufficiency of the judge's direction on the complainant's intoxication and its effect on her memory. The court also considered whether the verdict was unsafe and unsatisfactory.
The court found that the judge erred in several aspects of the trial. The directions given to the jury regarding the joint enterprise were deemed inadequate. Furthermore, the judge should have discharged two jurors who had potential conflicts of interest due to their associations with the complainant's mother and the investigating officer's wife. The court also held that the direction concerning the complainant's intoxication and its impact on her memory was insufficient. These errors led to the conclusion that the verdict was unsafe and unsatisfactory, resulting in the setting aside of the convictions for indecent assault and rape. The court ordered a re-trial for one of the appellants and an acquittal for the other, while dismissing the appeal against the indecent assault conviction for one appellant.
The final orders included allowing the appeal against the convictions of both appellants for indecent assault and rape, setting aside the verdicts, and entering a verdict of acquittal for one appellant. The court also ordered a re-trial for the other appellant regarding the rape conviction. The application for leave to appeal against the sentence was refused.
Orders
Orders of the court
In Appeal No 54 of 2001:
1.Appeal against conviction of indecent assault allowed, the verdict set aside and a verdict of acquittal entered.
Appeal against conviction of rape allowed, the conviction set aside, with a direction for re-trial.2.
In Appeal No 55 of 2001:
Appeal against conviction of rape allowed, the verdict set aside and a verdict of acquittal entered.1.
Appeal against conviction of indecent assault dismissed.2.
3. Application for leave to appeal against sentence refused.
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.