Roberts v The Queen

Case [2002] WASCA 64


ROBERTS -v- THE QUEEN [2002] WASCA 64



(2002) 25 WAR 501
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 64
COURT OF CRIMINAL APPEAL
Case No:CCA:39/200114 FEBRUARY 2002
Coram:MALCOLM CJ
ANDERSON J
STEYTLER J
28/03/02
14Judgment Part:1 of 1
Result: Appeal allowed
A
PDF Version
Parties:FRANCIS GERALD ROBERTS
THE QUEEN

Catchwords:

Criminal law
Practice
Jury trial
Difficulty in reaching verdict
Jury unable to agree after eight hours
Appropriate directions
Need to avoid exerting pressure

Legislation:

Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : ROBERTS -v- THE QUEEN [2002] WASCA 64 CORAM : MALCOLM CJ
    ANDERSON J
    STEYTLER J
HEARD : 14 FEBRUARY 2002 DELIVERED : 28 MARCH 2002 FILE NO/S : CCA 39 of 2001
    CCA 40 of 2001
BETWEEN : FRANCIS GERALD ROBERTS
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Practice - Jury trial - Difficulty in reaching verdict - Jury unable to agree after eight hours - Appropriate directions - Need to avoid exerting pressure




Legislation:

Nil




Result:

Appeal allowed



(Page 2)

Category: A

Representation:


Counsel:


    Appellant : Mr P G Giudice
    Respondent : Mr R E Cock QC


Solicitors:

    Appellant : George Giudice
    Respondent : State Director of Public Prosecutions



Case(s) referred to in judgment(s):

Black v The Queen (1993) 179 CLR 44
R v Luscher (1976) 1 NSWLR 227
Reg v Creasey (1953) 37 Crim App R 179
Reg v Walhein (1952) 36 Crim App R 167
Reg v Watson [1988] QB 690
Tangye (1997) 92 A Crim R 545

Case(s) also cited:



Deakin v The Queen (1984) 58 ALJR 367
Griffin v The Queen [2001] WASCA 11
Jackson v The Queen [1990] WAR 105
Kenneally v The Queen [1998] WASCA 136
Lowndes v The Queen [1999] HCA 29; (1999) 195 CLR 665
Mitchell v The Queen [1998] WASCA 334
Peers & Smitheringale [1999] WASCA 295; (1999) 108 A Crim R 573
Peers v The Queen [1999] WASCA 295
Williams v The Queen (1996) 17 WAR 17

(Page 3)

1 JUDGMENT OF THE COURT: The appellant was presented in the Supreme Court on 19 February last on an indictment containing a single count of wilful murder in which the appellant was charged that on 22 March 2000 at Caversham he wilfully murdered Frank Weston.

2 There was evidence that the deceased had been stabbed a great many times. It was not disputed that there was an encounter between the appellant and the deceased, during which the deceased was stabbed by the appellant. The appellant's case was that he had acted in self-defence in stabbing the deceased once and the additional stab wounds were inflicted when the deceased was in a state of automatism and were inflicted involuntarily. Fifteen witnesses were called for the Crown, including a psychiatrist and a forensic pathologist. The accused gave evidence and called a psychiatrist and a forensic psychologist. At…

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Roberts v The Queen [2002] WASCA 64
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[2002] WASCA 64
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CaseChat Overview and Summary

In Roberts v The Queen, the defendant, Mr Roberts, was on trial in the High Court of Australia for a serious criminal offence. The case centred on whether the trial judge's directions to the jury, who were struggling to reach a verdict after eight hours of deliberation, were appropriate. The issue was whether the judge's instructions might have unduly pressured the jury, which could have compromised the fairness of the trial. The central question was whether the judge should have provided additional guidance or potentially discharged the jury, given their prolonged inability to agree on a verdict.

The court examined whether the judge's directions were adequate in guiding the jury without exerting undue pressure, ensuring the trial's integrity. The High Court considered whether the judge's instructions appropriately balanced the need for the jury to deliberate thoroughly and the potential for coercion. The court emphasised that while it was important for the jury to reach a verdict, it was equally critical that this be achieved without any undue influence or pressure from the judge.

The court concluded that the judge's directions, while well-intentioned, were not sufficient to avoid exerting pressure on the jury, thereby compromising the fairness of the trial. The High Court found that the judge should have more explicitly cautioned the jury against the risk of coercion, or even considered discharging them if the deliberations continued to be unproductive. The court ruled that the appeal was allowed based on this reasoning, leading to the quashing of the conviction.

Orders

Orders of the court

Appeal allowed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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