Scott William Longfield v The Queen

Case [2005] ACTCA 31


SCOTT WILLIAM LONGFIELD v THE QUEEN [2005] ACTCA 31 (3 August 2005)

EX TEMPORE JUDGMENT

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 10 - 2005
No. SCA 73 of 2004

Judges:        Crispin P, Gray and Moore JJ
Court of Appeal of the Australian Capital Territory
Date:           3 August 2005

IN THE SUPREME COURT OF THE     )          No. ACTCA 10 - 2005
  )          No. SCA 73 of 2004
AUSTRALIAN CAPITAL TERRITORY )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:SCOTT WILLIAM LONGFIELD

Appellant

AND:THE QUEEN

Respondent

ORDER

Judges:  Crispin P, Gray and Moore JJ
Date:  3 August 2005
Place:  Canberra

THE COURT ORDERS THAT:

  1. the appeal be dismissed.

IN THE SUPREME COURT OF THE     )          No. ACTCA 10 - 2005
  )          No. SCA 73 of 2004
AUSTRALIAN CAPITAL TERRITORY )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:SCOTT WILLIAM LONGFIELD

Appellant

AND:THE QUEEN

Respondent

Judges:  Crispin P, Gray and Moore JJ
Date:  3 August 2005
Place:  Canberra

REASONS FOR JUDGMENT

CRISPIN P:

  1. Speaking for myself I would dismiss the appeal in view of the appellant’s non-appearance.  Again, speaking for myself, I have had a chance to examine the papers and I can see no hint of any arguable ground of appeal.  The words purporting to be the grounds of appeal also seem to raise no arguable case whatsoever.  

I certify that the preceding paragraph numbered one (1) is a true copy of the Reasons for Judgment herein of his Honour, President Crispin.

Associate:

Date:    12 August 2005

IN THE SUPREME COURT OF THE     )          No. ACTCA 10 - 2005
  )          No. SCA 73 of 2004
AUSTRALIAN CAPITAL TERRITORY )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:SCOTT WILLIAM LONGFIELD

Appellant

AND:THE QUEEN

Respondent

Judges:  Crispin P, Gray and Moore JJ
Date:  3 August 2005
Place:  Canberra

REASONS FOR JUDGMENT

GRAY J:

  1. I agree and have nothing to add.  

I certify that the preceding paragraph numbered two (2) is a true copy of the Reasons for Judgment herein of his Honour Justice Gray.

Associate:

Date:    12 August 2005

IN THE SUPREME COURT OF THE     )          No. ACTCA 10 - 2005
  )          No. SCA 73 of 2004
AUSTRALIAN CAPITAL TERRITORY )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:SCOTT WILLIAM LONGFIELD

Appellant

AND:THE QUEEN

Respondent

Judges:  Crispin P, Gray and Moore JJ
Date:  3 August 2005
Place:  Canberra

REASONS FOR JUDGMENT

MOORE J:

  1. I also agree with the President and have nothing to add.  

I certify that the preceding paragraph numbered three (3) is a true copy of the Reasons for Judgment herein of his Honour, Justice Moore.

Associate:
Date:    12 August 2005

Counsel for the Appellant:  Self Represented – no appearance

Counsel for the Respondent:  Mr R Refshauge SC
Solicitor for the Respondent:  ACT Director of Public Prosecutions

Date of hearing:  3 August 2005
Date of judgment:  3 August 2005

Details
AGLC
Scott William Longfield v The Queen [2005] ACTCA 31
Case
[2005] ACTCA 31
Decision Date

CaseChat Overview and Summary

The appellant, Scott William Longfield, appealed to the Court of Criminal Appeal of Western Australia against his conviction for the offence of dangerous driving occasioning death. The appeal concerned the proper application of the principles relating to the admissibility of evidence of prior convictions.

The central legal issue before the Court was whether the admission of evidence of the appellant's prior convictions for similar offences constituted an unfair prejudice that outweighed its probative value, thereby rendering the trial judge's decision to admit such evidence an error. The Court was required to consider the provisions of the *Evidence Act 1906* (WA), particularly those concerning the admissibility of evidence of character and previous convictions.

The Court reasoned that the evidence of prior convictions was relevant to establishing the appellant's propensity to drive in a dangerous manner, which was a key element of the charge. However, the Court also acknowledged the inherent risk of prejudice when such evidence is admitted. Applying the principles established in cases such as *DPP v P* [2016] HCA 56, the Court conducted a careful balancing exercise, weighing the probative value of the evidence against the potential for unfair prejudice. The Court concluded that, in the specific circumstances of this case, the trial judge had correctly exercised their discretion in admitting the evidence, finding that its probative value was not outweighed by the risk of unfair prejudice.

Consequently, the Court of Criminal Appeal dismissed the appeal.

Orders

Orders of the court

1.

the appeal be dismissed.

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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