Reyne (a pseudonym) v R

Case [2022] NSWCCA 201


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Reyne (a pseudonym) v R [2022] NSWCCA 201
Hearing dates: 25 July 2022
Date of orders: 19 September 2022
Decision date: 19 September 2022
Before: Beech-Jones CJ at CL at [1];
Dhanji J at [9];
Yehia J at [141].
Decision:

(1)   Leave to appeal is granted.

(2)   The appeal is allowed.

(3) The conviction of the applicant in the District Court on 6 November 2020 for the offence contrary to s 35(2) of the Crimes Act 1900 (NSW) of recklessly causing grievous bodily harm is quashed.

(4)   In lieu thereof, enter a verdict of acquittal on that offence.

Catchwords:

CRIME – appeals – appeal against conviction – recklessly causing grievous bodily harm – trial by judge alone – skull fracture – circumstantial case – unreasonable verdict – expert evidence – whether injuries caused in the essential period – whether injury amounted to grievous bodily harm – where trial judge had no relevant advantage – quintessential jury question – relevance of age of victim – relevance of future risk of harm – appeal allowed – conviction quashed – verdict of acquittal

WORDS AND PHRASES – “grievous bodily harm”

Legislation Cited:

Children (Criminal Proceedings) Act 1987 (NSW), s 15A

Crimes Act 1900 (ACT), Dictionary

Crimes Act 1900 (NSW), ss 4, 35(2)

Crimes Act 1958 (Vic), s 15

Criminal Appeal Act 1912 (NSW), ss 5(1)(b), 6(1)

Criminal Code 1899 (Qld), s 1

Criminal Code 1913 (WA), s 1

Criminal Code 1924 (Tas), s 1

Criminal Code 1983 (NT), s 1

Criminal Law Consolidation Act 1935 (SA), s 21

Criminal Procedure Act 1986 (NSW), s 133(1)

Evidence Act 1995 (NSW), s 38

Cases Cited:

AA v McDevitt [2017] ACTSC 342

AK v Western Australia (2008) 232 CLR 438; [2008] HCA 8

Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424; [2001] FCA 1833

Chambers v Jobling (1986) 7 NSWLR 1

Coughlan v The Queen (2020) 267 CLR 654; [2020] HCA 15

Dansie v The Queen [2022] HCA 25; (2022) 96 ALJR 728

Director of Public Prosecutions v Smith [1961] AC 290

Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29

Fleming v The Queen (1998) 197 CLR 250; [1998] HCA 68

Frew v R [2022] NSWCCA 165

Hone v State of Western Australia [2007] WASCA 283

Hyam v Director of Public Prosecutions [1974] UKHL 2; [1975] AC 55

JH v R [2021] NSWCCA 324

Joyce v Yeomans [1981] 1 WLR 549; [1981] 2 All ER 21

Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30

M v The Queen (1994) 181 CLR 487; [1994] HCA 63

MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35

Mizzi v The Queen (1960) 105 CLR 659; [1960] HCA 77

Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12

Pell v The Queen [2019] VSCA 186

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Reyne (a pseudonym) v R [2022] NSWCCA 201
Case
[2022] NSWCCA 201
Decision Date

CaseChat Overview and Summary

The case involved an individual identified as Reyne (a pseudonym) who was appealing against a conviction for recklessly causing grievous bodily harm. The appeal was heard in the High Court of Australia, where the legal issues centred on the adequacy of the evidence presented at trial and the jury's role in determining whether the injuries suffered by the victim constituted grievous bodily harm. The appeal hinged on whether the trial judge had erred in his assessment of the evidence and whether the verdict was unreasonable in light of the circumstances.

The High Court found that the trial judge had no significant advantage over a jury in assessing the evidence, particularly the expert testimony regarding the nature and cause of the injuries. The court held that the determination of whether the injuries amounted to grievous bodily harm was a quintessential jury question, as it involved assessing the credibility of expert evidence and weighing the probabilities. The court further noted that the age of the victim and the future risk of harm were relevant considerations, but ultimately, the decision was one for the jury. Given the lack of a relevant advantage for the trial judge and the substantial reliance on expert evidence, the court concluded that the verdict was unreasonable.

Consequently, the High Court allowed the appeal, quashed the conviction, and ordered a verdict of acquittal. The decision underscored the importance of the jury's role in assessing complex medical evidence and determining the nature of injuries in cases involving grievous bodily harm. The judgment emphasised that in cases where the evidence is circumstantial and heavily reliant on expert testimony, the decision should rest with the jury, not the trial judge alone.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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