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Ridgeway v The King

Ridgeway v The King

Case [2024] NSWCCA 85 31 May 2024

Appeal

Miscarriage of Justice

Admissibility of Evidence

Second-Hand Hearsay

Material Irregularity

Criminal Law

Type to search within this case.

Court of Criminal Appeal

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: Ridgeway v R [2024] NSWCCA 85
Hearing dates: 3 May 2024
Date of orders: 3 May 2024
Decision date: 31 May 2024
Before: Stern JA, Rothman J, Yehia J.
Decision:
1.   Extension of time to be granted for filing the application for leave to appeal and the notice of appeal.
2.   Grant leave to appeal.
3.   Uphold the conviction appeal.
4.   Conviction shall be quashed.
5.   Order that there be a re-trial.
6.   Matter will be listed in the next arraignment list for mention on 7 June 2024.
7.   List the proposed application for bail for 2:45pm today, the 3rd of May 2024.

Catchwords:
CRIME – appeals – appeals against conviction – miscarriage of justice – manslaughter – second-hand hearsay evidence of an admission – where no objection taken to admissibility – where no direction limiting use sought by defence counsel – whether to grant leave under Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 4.15 – where evidence highly prejudicial to defendant – where no rational forensic explanation for lack of objection – material irregularity – miscarriage of justice established
CRIME – appeals – appeals against conviction – application of proviso – defence at trial not glaringly improbable – substantial miscarriage of justice occurred – proviso not engaged
Legislation Cited:
Crimes Act 1900 (NSW), s 18(1)(b)
Criminal Appeal Act 1912 (NSW), ss 5(1), 6(1), 10
Evidence Act 1995 (NSW), ss 32, 38, 56, 59, 60, 81, 82
Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 4.15

Cases Cited:
Ali v The Queen [2005] HCA 8; (2005) 79 ALJR 662
HCF v The Queen [2023] HCA 35; (2023) 97 ALJR 978
Hofer v The Queen (2021) 274 CLR 351; [2021] HCA 36
Kaddour v R [2019] NSWCCA 90
Keen v R (2020) 102 NSWLR 178; [2020] NSWCCA 59
Lee v The Queen (1998) 195 CLR 594; [1998] HCA 60
Nudd v The Queen [2006] HCA 9; (2006) 80 ALJR 614
Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221
Perish v R (2016) 92 NSWLR 161; [2016] NSWCCA 89
TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46
Van Gestel v R [2023] NSWCCA 263
Zhou v R [2021] NSWCCA 278

Category: Principal judgment
Parties: Lily Ridgeway (Applicant)
Rex (Respondent)
Representation:
Counsel:
S J Odgers SC (Applicant)
G Newton SC (Respondent)
Solicitors:
Legal Aid NSW (Applicant)
Office of the Director of Public Prosecutions (Respondent)

File Number(s): 2020/68218
Publication restriction: Nil
Decision under appeal

Court or tribunal:

Supreme Court of NSW

Jurisdiction:

Criminal

Citation:

[2022] NSWSC 684

Date of Decision:

08 February 2022

Before:

Wilson J

File Number(s):

2020/68218

HEADNOTE

[This headnote is not to be read as part of the judgment]

On 29 February 2020 the applicant, Lily Ridgeway, stabbed Jason Adams in the left chest causing his death. The stabbing occurred outside the house where Nikita Hanson, who was present at the time…

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 Ridgeway v The King

Details

AGLC: Ridgeway v The King [2024] NSWCCA 85
Case: [2024] NSWCCA 85
Decision Date: 31 May 2024

CaseChat Overview and Summary

The appeal in Ridgeway v The King concerned the conviction of the appellant for manslaughter. The case was heard in the Supreme Court of New South Wales, Court of Criminal Appeal. The appellant, Ridgeway, sought leave to appeal against his conviction on the grounds that the admission of second-hand hearsay evidence had led to a miscarriage of justice. The appeal hinged on whether the admission of this evidence, without objection or a limiting direction, constituted a material irregularity that warranted the granting of leave to appeal.

The primary legal issues before the court were whether the appellant's failure to object to the hearsay evidence or to request a limiting direction constituted a material irregularity, and if such an irregularity could be considered a miscarriage of justice. The court also needed to determine if the proviso in Supreme Court (Criminal Appeal) Rules 2021 (NSW), rule 4.15 applied to prevent the appeal from proceeding, given that the defence at trial was not glaringly improbable.

The court found that the admission of the second-hand hearsay evidence was indeed a material irregularity, given its highly prejudicial nature. The lack of objection by the defence and the absence of a request for a limiting direction was deemed inexplicable without a rational forensic reason. The court concluded that this irregularity amounted to a miscarriage of justice. The proviso under rule 4.15 did not apply as the defence presented at trial, while not accepted, was not so improbable as to be glaringly so. Therefore, the appeal was allowed, and the conviction was quashed. The case was remitted to the Court of Criminal Appeal for a re-trial.

Orders