[2007] TASSC 102
CITATION: Reid v Tasmania [2007] TASSC 102
PARTIES: REID, Kerry Gordon
v
TASMANIA, STATE OF
TITLE OF COURT: COURT OF CRIMINAL APPEAL (TAS)
JURISDICTION: APPELLATE
FILE NO/S: 416/2007
DELIVERED ON: 12 December 2007
DELIVERED AT: Launceston
HEARING DATE: 29 October 2007
JUDGMENT OF: Crawford, Slicer and Blow JJ
CATCHWORDS:
Evidence – Admissibility and relevance – Hearsay – In general – Relevant principles – Exceptions to rule excluding hearsay – Criminal proceedings – Previous representation by witness of admission by accused – Witness claiming no recollection of admission or previous representation – Evidence of witness' previous representation – Use to be made of it by a jury – Direction to jury.
Evidence Act 2001 (Tas), s60.
Lee v R (1998) 195 CLR 594, followed.
Aust Dig Evidence [48]
REPRESENTATION:
Counsel:
Appellant: M J Brett
Respondent: J P Ransom
Solicitors:
Appellant: Bishops
Respondent: Director of Public Prosecutions
Judgment Number: [2007] TASSC 102
Number of paragraphs: 29
Serial No 102/2007
File No 416/2007
KERRY GORDON REID v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
CRAWFORD J
SLICER J
BLOW J
12 December 2007
Orders of the Court
Appeal allowed.
Conviction on count 3 quashed.
Sentence set aside.
Counts 1 and 2 remitted to the trial judge for re-sentencing.
New trial of the appellant on count 3.
Serial No 102/2007
File No 416/2007
KERRY GORDON REID v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
CRAWFORD J
12 December 2007
Some of the circumstances giving rise to the appeal are contained in the judgment of Slicer J. The evidence that is central to the appeal is an edited copy of a statement made by Selina Grace Bell to police. It was admitted as an exhibit upon being tendered by Crown counsel. There was no objection to its admission into evidence by counsel for the accused and for that reason, the appeal should not be upheld and a new trial ordered simply because of its admission into evidence. That disposes of the first ground of appeal.
The second ground of appeal is in the following terms:
"Insofar as any part of the statement was admissible as a prior inconsistent statement of the witness, it ought to have been excluded from evidence on the basis that it is [sic] probative value was outweighed by the danger of unfair prejudice to the defendant in accordance with the provisions of Section 137 of the Evidence Act 2001."
It is poorly drafted but that should not affect the outcome of the appeal. What it should have said, and it is the basis upon which I would allow the appeal, is that the learned judge should have directed the jury, but failed to do so, to ignore the exhibit and not to use it in any way in favour of the State against the appellant.
In her statement, Ms Bell related admissions that she said had been made to her by the appellant, which included that he had made a false…
Continue reading Reid v Tasmania
Sign in free to access the full text
- AGLC
- Reid v Tasmania [2007] TASSC 102
- Case
- [2007] TASSC 102
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the admissibility of hearsay evidence, specifically, whether the trial judge properly directed the jury on how to assess the reliability of the evidence in question. The appellant argued that the trial judge failed to sufficiently caution the jury about the dangers of hearsay and the potential for it to be unreliable. Furthermore, the appellant contended that the evidence in question did not fall within any of the recognised exceptions to the hearsay rule. The respondents, on the other hand, argued that the trial judge had correctly allowed the evidence and appropriately directed the jury on its use.
The court held that the trial judge did indeed err in the direction given to the jury regarding the hearsay evidence. The court found that the judge did not adequately warn the jury of the inherent unreliability of hearsay evidence and did not sufficiently guide them on how to assess the evidence's credibility. The court emphasised the importance of such directions in criminal trials, where the consequences of a wrongful conviction are severe. The court also noted that the evidence did not fall within any recognised exceptions to the hearsay rule, further compounding the trial judge's error.
As a result of the court's findings, the appeal was allowed, and the convictions were quashed. The case underscores the importance of proper judicial direction to juries regarding the admissibility and use of hearsay evidence in criminal proceedings. It serves as a reminder to trial judges of their duty to ensure that juries are appropriately cautioned when considering such evidence.
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.