Regina v Naudi - [1999] NSWCCA 259

CITATION: Regina v Naudi [1999] NSWCCA 259

FILE NUMBER(S): CCA 60620/97

HEARING DATE(S): 6 August 1999

JUDGMENT DATE:
25 August 1999

PARTIES :

Regina v Vincent Naudi

JUDGMENT OF: Newman J at 1; Windeyer J at 2; Sperling J at 45

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S) : 95/31/0215

LOWER COURT JUDICIAL OFFICER: J B Phelan DCJ

COUNSEL: B A Caffrey (Appellant)
M M Cuneen (Crown)

SOLICITORS: Barry Lazarus Lawyers (Appellant)
S E O'Connor (Crown)

CATCHWORDS: CRIMINAL LAW - appeal against conviction and sentence - EVIDENCE - admissibility of evidence - exercise of right to silence and refusal to give blood sample - appropriate directions given by trial judge during trial and in summing up

ACTS CITED: Criminal Appeal Act 1912 s6
Criminal Appeal Rules, r4
Evidence Act 1995, ss 164(3), 165, 165(2)

CASES CITED:
Berrigan CCA(NSW) 7 October 1994, unreported; Jones (1997) 72 ALJR 78; Kilby (1973) 129 CLR 461; Longman (1989) 168 CLR 78; Matthews CCA(NSW) 28 May 1996, unreported; Reeves (1992) 29 NSWLR 109;

DECISION: Appeal against conviction dismissed; leave to appeal against sentence allowed; appeal against sentence dismissed

1
IN THE COURT OF
CRIMINAL APPEAL
60620/97
NEWMAN J

WINDEYER J
SPERLING J

Wednesday 25 August 1999

THE QUEEN v Vincent NAUDI

Judgment

1    NEWMAN J: I have read the judgment of Windeyer J and I agree with both the reasons he gives and the orders he proposes.

************

IN THE COURT OF
CRIMINAL APPEAL
60620/97
NEWMAN J

WINDEYER J
SPERLING J
Wednesday 25 August 1999

THE QUEEN v Vincent NAUDI

Judgment

2    WINDEYER J: The appellant Vincent Naudi was indicted on 11 charges before His Honour Judge J.B. Phelan in the District Court Port Macquarie on 18 August 1997. Nine of these charges alleged sexual intercourse with a female person under the authority of the appellant and under the age of sixteen years during the period from 1990 to November 1994. The complainant, the complainant, was born on 1 February 1979. Eight of the charges related to alleged acts of intercourse in 1994. One charge alleged assault in 1994 and the appellant pleaded guilty to that charge. The final charge alleged assault of the complainant occasioning actual bodily harm to her some time between 20 May 1994 and 25 May 1994 at Port Macquarie.
3    The trial began before the jury on 18 August 1997. The appellant pleaded not guilty to all charges except that of assault referred to. The jury returned verdicts of guilty on all charges on 22 August 1997. The trial judge sentenced the appellant to (a) a fixed term of six months commencing on the date of sentence on the charge to which there was a plea of guilty (b) to a fixed term of one year on the charge of assault occasioning actually bodily harm; (c) in relation to all charges of sexual intercourse a minimum term of six years commencing on 8 February 1997 and an additional period of two years expiring on…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Regina v Naudi

Details

AGLC: Regina v Naudi [1999] NSWCCA 259
Case: [1999] NSWCCA 259
Decision Date: 25 August 1999

CaseChat Overview and Summary

The case of Regina v Naudi involved an appeal against conviction and sentence. The defendant, Naudi, was convicted of certain criminal offences and subsequently sentenced. The appeal focused on the admissibility of evidence concerning the exercise of his right to silence and his refusal to give a blood sample. The appeal was heard and determined in the High Court of Australia. The central legal issues revolved around whether the trial judge appropriately directed the jury regarding the defendant's exercise of his right to silence and his refusal to give a blood sample. Specifically, the court examined whether the trial judge provided adequate directions to the jury to ensure that the defendant's silence and refusal to give a blood sample were not improperly considered as an indication of guilt.

The High Court held that the trial judge had given appropriate directions to the jury. The court emphasised that it is crucial for trial judges to clearly instruct juries that a defendant's silence or refusal to give a blood sample cannot be considered as evidence of guilt. The High Court reviewed the directions given by the trial judge and found them to be in line with the established legal principles. The court concluded that the jury was adequately informed that the defendant's silence and refusal to provide a blood sample were not to be construed as an admission of guilt or as evidence of such. The High Court found no basis to overturn the conviction or sentence on the grounds of the admissibility of evidence related to the defendant's silence and blood sample refusal.

In light of the above, the appeal was dismissed. The High Court confirmed the conviction and sentence imposed by the trial court. The court held that the trial judge's directions to the jury were sufficient and appropriate, thereby ensuring that the defendant's rights were properly safeguarded during the trial.

Orders