Schoffel v The King

Case [2023] NSWCCA 88


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Schoffel v R [2023] NSWCCA 88
Hearing dates: 15 March 2023
Decision date: 21 April 2023
Before: Leeming JA at [1];
Wilson J at [95];
Dhanji J at [96]
Decision:

Appeal dismissed.

Catchwords:

CRIMINAL LAW – appeal against conviction – appellant charged with one count of robbery with use of corporal violence and one count of perverting the course of justice – appellant convicted following Judge alone trial – whether compliance with s 133(2) of Criminal Procedure Act 1986 (NSW) – reasons did not identify elements of each offence – whether proviso applied – no substantial miscarriage of justice – appeal dismissed

Legislation Cited:

Crimes Act 1900 (NSW), ss 95(1), 112(1)(a), 312, 319

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

Criminal Procedure Act 1986 (NSW), ss 132, 133

Cases Cited:

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

CB v Director of Public Prosecutions [2013] NSWSC 618

Dansiev The Queen [2022] HCA 25; (2022) 92 ALJR 728

Dean v R [2019] NSWCCA 27

DL v The Queen (2018) 266 CLR 1; [2018] HCA 26

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

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

Ghamrawi v R (2017) 95 NSWLR 405; [2017] NSWCCA 195

Hamilton v Director of Public Prosecutions [2020] NSWSC 1745

Holland v The Queen (1993) 68 A Crim R 176; [1993] HCA 43

Hopgood v R [2019] NSWCCA 246

Kalbasi v Western Australia (2018) 264 CLR 62; [2018] HCA 7

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

Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560; [2019] HCA 32

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

R v BA [2021] NSWCCA 191

R v Beckett (2015) 256 CLR 305; [2015] HCA 38

R v BK [2022] NSWCCA 51

R v Chai [2002] HCA 12; 76 ALJR 628

R v Lazarus [2017] NSWCCA 279; 270 A Crim R 378

R v VHP (Court of Criminal Appeal (NSW), 7 July 1997, unrep)

Shepherd v The Queen (1990) 150 CLR 573; [1990] HCA 56

Trevascus v R (2021) 104 NSWLR 571; [2021] NSWCCA 104

W v R [2014] NSWCCA 110

Wade v R [2018] NSWCCA 85

Weiss v The Queen (2005) 224 CLR 300; [2005] HCA 81

Category:Principal judgment
Parties: Brett Schoffel (Appellant)
Rex (Respondent)
Representation: Counsel:
I McLachlan (Appellant)
D Scully (Respondent)
Solicitors:
Legal Aid NSW (Appellant)
NSW Director of Public Prosecutions (Respondent)
File Number(s): 2020/173744
Publication restriction: N/A
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Citation:

N/A

Date of Decision:
6 October 2021
Before:
Herbert DCJ
File Number(s):
2020/173744

HEADNOTE

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

The appellant, Mr Brett David Schoffel, was tried by the District Court constituted by a…

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AGLC
Schoffel v The King [2023] NSWCCA 88
Case
[2023] NSWCCA 88
Decision Date

CaseChat Overview and Summary

The appellant in this case was convicted by a Judge sitting alone of one count of robbery with use of corporal violence and one count of perverting the course of justice. The decision to appeal against the conviction was made in the High Court of Australia. The central issue in this case was whether the trial judge complied with the requirements of section 133(2) of the Criminal Procedure Act 1986 (NSW) when delivering reasons for the appellant's conviction. Specifically, the court had to determine whether the reasons provided by the trial judge correctly identified the elements of each offence and whether the proviso to section 133(2) applied, which allows for non-compliance if no substantial miscarriage of justice occurred.

The court examined the reasons given by the trial judge to ascertain whether they identified the elements of the offences. It was determined that the reasons did not explicitly identify all the elements of each offence as required by the statute. However, the court considered whether the failure to comply with this statutory requirement led to a substantial miscarriage of justice. The High Court found that despite the non-compliance, there was no substantial miscarriage of justice in this case. The reasons provided by the trial judge were sufficient for the appellant to understand the case against him and to enable meaningful appeal. Therefore, the proviso to section 133(2) applied, and the appeal was dismissed.

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Background

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Evidence

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