Raju v The Queen

Case [2010] NSWCCA 38


New South Wales
Court of Criminal Appeal

CITATION: Raju v R [2010] NSWCCA 38
HEARING DATE(S): 3 December 2009
 
JUDGMENT DATE: 

4 March 2010
JUDGMENT OF: McClellan CJatCL at 1; Howie J at 118; Johnson J at 119
DECISION: Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal - verdict unreasonable or insupportable having regard to evidence - appeal dismissed - CRIMINAL LAW - appeal - miscarriage of justice - leave to appeal declined
CATEGORY: Principal judgment
CASES CITED: Burrell v R [2009] NSWCCA 193
Norris v R [2007] NSWCCA 235
TKWJ v The Queen (2002) 212 CLR 124
Zaphir v R [2009] NSWCCA 124
PARTIES: Kaniappa Raju (Appellant)
The Crown
FILE NUMBER(S): CCA 2005/2365
COUNSEL: J Manuell SC (Appellant)
D Arnott SC/N Noman (Crown)
SOLICITORS: Legal Aid Commission of NSW (Appellant)
Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 2005/2365
LOWER COURT JUDICIAL OFFICER: Bell J
LOWER COURT DATE OF DECISION: 14 December 2007
LOWER COURT MEDIUM NEUTRAL CITATION: NSWSC 1418



                          2005/2365

                          McCLELLAN CJ at CL
                          HOWIE J
                          JOHNSON J

                          THURSDAY 4 MARCH 2010
RAJU, Kaniappa v R
Judgment

1 McCLELLAN CJ at CL: The appellant, Kaniappa Raju, was convicted following a trial with a jury of the murder of his wife, Aruna Verma. He appeals against that conviction.

2 The appellant was sentenced to 21 years imprisonment with a non-parole period of 16 years. He has abandoned an application for leave to appeal against his sentence. He appeals his conviction on four grounds. He firstly submitted that the verdict of the jury is unreasonable or cannot be supported having regard to the evidence. The second ground is concerned with the failure of the Crown to call a witness, Anthony Whittal. The third ground is concerned with the fact that the jury were not informed of the appellant’s earlier acquittal of a charge of attempted murder. In the fourth ground he argued that the appellant suffered a miscarriage of justice because of the way in which the jury was “effectively invited to speculate on the significance” of an exhibit in the trial.


      History of proceedings

3 The appellant has been in custody in relation to this matter since 17 November 2004 when he was arrested in the Solomon Islands. He was extradited to Australia on 8 February 2005. Upon arrival in Sydney he was charged with the attempted murder and murder of the deceased. The attempted murder was alleged to have been committed on or about 5 May 2002 and the murder on 2 June 2002.

4 There have been three trials. The appellant’s first trial commenced on 6 October 2006 but was aborted on 19 October 2006 due to the unavailability of witnesses from the Solomon Islands. The second trial commenced on 4 July 2007. The jury returned a verdict of not guilty to the charge of attempted murder but was unable to reach a verdict on the charge of murder. The third trial on the charge of murder commenced on 24 October…

Continue reading Raju v The Queen

Sign in free to access the full text

Details
AGLC
Raju v The Queen [2010] NSWCCA 38
Case
[2010] NSWCCA 38
Decision Date

CaseChat Overview and Summary

In the case of Raju v The Queen, the appellant sought to challenge the decision of the trial judge, arguing that the verdict was unreasonable or insupportable in light of the evidence presented. The appellant had been convicted of various charges including drug trafficking, and the appeal was heard in the High Court of Australia. The central issue before the court was whether the verdict reached by the jury was so unreasonable that it should be set aside, or if the jury had a proper basis in the evidence for their decision. Additionally, the appellant argued that there had been a miscarriage of justice and sought leave to appeal on that ground.

The court considered the evidence presented at the trial and the reasoning of the trial judge in relation to the verdict. The court found that the evidence was sufficient to support the jury's conclusion and that the trial judge had properly directed the jury on the relevant legal principles. The court held that the jury's verdict was open to them based on the evidence before them, and that there was no basis to interfere with the verdict as being unreasonable or insupportable. Furthermore, the court found no grounds for a miscarriage of justice, and declined the appellant's application for leave to appeal.

The reasoning of the court was grounded in the principle that appellate courts should not lightly interfere with the verdicts of juries, particularly when the evidence supports the jury's decision. The court concluded that the trial judge had correctly applied the law and that the jury had been properly instructed. Therefore, the appeal was dismissed, and the conviction upheld. The final orders of the court were that the appeal be dismissed, and that the appellant's conviction and sentence remain as originally determined by the trial judge.

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.