Salmon v The Queen

Case [2001] WASCA 270


SALMON -v- THE QUEEN [2001] WASCA 270



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 270
COURT OF CRIMINAL APPEAL
Case No:CCA:282/200019 JULY 2001
Coram:MALCOLM CJ
KENNEDY J
McKECHNIE J
30/08/01
28Judgment Part:1 of 1
Result: Appeal allowedConviction quashed
A
PDF Version
Parties:BRADLEY SALMON
THE QUEEN

Catchwords:

Criminal law
Verdict of jury
Whether unreasonable
Prior inconsistent statements by complainant
Other matters affecting credibility
Significant possibility innocent person convicted
Liberato direction
Whether required as a matter of law

Legislation:

Criminal Code (WA), s 689

Case References:

Jones v The Queen (1997) 191 CLR 439
KRM v The Queen (2001) 75 ALJR 550
Latham v The Queen [2000] WASCA 57
Liberato v The Queen (1985) 159 CLR 507
M v The Queen (1994) 181 CLR 487
Mickelberg v The Queen [1984] WAR 191
Middleton v The Queen [2000] WASCA 200
Miles v The Queen [2000] WASCA 364

Carden v The Queen (1992) 8 WAR 296
Chidiac v The Queen (1991) 171 CLR 432
Fleming v The Queen (1998) 197 CLR 250
Gipp v The Queen (1998) 194 CLR 106
Ibbs v The Queen [2001] WASCA 129
Knight v The Queen (1992) 175 CLR 495
McComish v The Queen [1998] WASCA 248
Morris v The Queen (1987) 163 CLR 454
R v Giam (1999) 104 A Crim R 416
R v Mackay, unreported; CCA SCt of Vic; 9 August 1991
R v Noonan [1998] VSCA 8
R v Ralph and George (1988) 37 A Crim R 202
RPS v The Queen (2000) 199 CLR 620
State Rail Authority (NSW) v Earthline Constructions Pty Ltd (In Liq) (1999) 73 ALJR 306

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : SALMON -v- THE QUEEN [2001] WASCA 270 CORAM : MALCOLM CJ
    KENNEDY J
    McKECHNIE J
HEARD : 19 JULY 2001 DELIVERED : 30 AUGUST 2001 FILE NO/S : CCA 282 of 2000 BETWEEN : BRADLEY SALMON
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Verdict of jury - Whether unreasonable - Prior inconsistent statements by complainant - Other matters affecting credibility - Significant possibility innocent person convicted - Liberato direction - Whether required as a matter of law




Legislation:

Criminal Code (WA), s 689



(Page 2)





Result:

Appeal allowed


Conviction quashed


Category: A


Representation:


Counsel:


    Appellant : Mr M T Ritter
    Respondent : Ms J A Girdham


Solicitors:

    Appellant : Haynes Robinson
    Respondent : State Director of Public Prosecutions


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

Jones v The Queen (1997) 191 CLR 439
KRM v The Queen (2001) 75 ALJR 550
Latham v The Queen [2000] WASCA 57
Liberato v The Queen (1985) 159 CLR 507
M v The Queen (1994) 181 CLR 487
Mickelberg v The Queen [1984] WAR 191
Middleton v The Queen [2000] WASCA 200
Miles v The Queen [2000] WASCA 364

Case(s) also cited:



Carden v The Queen (1992) 8 WAR 296
Chidiac v The Queen (1991)…

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AGLC
Salmon v The Queen [2001] WASCA 270
Case
[2001] WASCA 270
Decision Date

CaseChat Overview and Summary

The case of Salmon v The Queen involved the appellant who was convicted by a jury of an offence of sexual intercourse without consent. The Crown's case relied solely on the evidence of the complainant, a young girl, who alleged that the appellant had sexually assaulted her. The appellant appealed against the conviction on several grounds, including the alleged unreasonableness of the jury's verdict, the impact of prior inconsistent statements by the complainant, and other matters affecting her credibility. The appellant also argued that there was a significant possibility that an innocent person had been convicted, warranting a Liberato direction to the jury.

The court was required to determine whether the jury's verdict was unreasonable given the evidence presented. This involved assessing the reliability and credibility of the complainant's evidence, especially in light of prior inconsistent statements she had made. Additionally, the court needed to decide if there were other factors that could have affected the jury's assessment of the evidence, and whether these factors were significant enough to warrant a Liberato direction. The Liberato direction, named after a previous case, requires the jury to consider the possibility that the accused may be innocent if there are substantial grounds to doubt the reliability of the complainant's evidence.

The court found that the jury's verdict was unreasonable given the evidence. The complainant's evidence was fraught with inconsistencies and other factors that significantly undermined her credibility. These factors included her prior inconsistent statements, the lack of corroboration, and the appellant's alibi. The court held that the weight of these factors created a significant possibility that an innocent person had been convicted, and that a Liberato direction should have been given to the jury. The appeal was allowed, and the conviction was quashed.

Orders

Orders of the court

Appeal allowedConviction quashed

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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