Reported Decision:
163 A Crim R 397
New South Wales
Court of Criminal Appeal
CITATION: Sheehan v Regina [2006] NSWCCA 233 HEARING DATE(S): 12/07/06
JUDGMENT DATE:
16 August 2006JUDGMENT OF: Handley JA at 1; Kirby J at 2; Hoeben J at 135 DECISION: (1) Appeal allowed in respect of counts 1 to 7 inclusive; (2) In respect of counts 1 to 7, the convictions are quashed and the sentences set aside. There should be a new trial in respect of such counts; (3) In respect of count 10, the appeal is dismissed and the conviction confirmed; (4) The appellant and the Crown have leave to make further submissions in writing concerning sentence. The appellant should file and serve such submissions within 14 days and the Crown respond within a further 14 days. The submissions should indicate whether the parties seek to supplement their submissions by oral submissions. CATCHWORDS: Criminal Practice & Procedure - aggravated sexual assault of young child - Longman warning - did not use word "warning" or "dangerous to convict" - many counts uncorroborated - one count corroborated - proviso - whether miscarriage of justice - whether Longman fundamental to trial. LEGISLATION CITED: Crimes Act 1900 CASES CITED: Longman v The Queen (1989) 168 CLR 79
Crampton v The Queen (2000) 206 CLR 161
Doggett v The Queen (2001) 208 CLR 343
R v BWT (2002) 54 NSWLR 241
SJB (2002) 129 A Crim R 572
R v GS [2003] NSWCCA 73
R v WSP [2005] NSWCCA 427
JJB v R [2006] NSWCCA 126
R v Kesisyan [2003] NSWCCA 259
R v DBG (2002) 133 A Crim R 227
Christophers v The Queen (2000) 23 WAR 106
Crisafio v The Queen (2003) 27 WAR 169
RBK v The Queen [2004] WASCA 216
Angliss v The State of Western Australia [2005] WASCA 162
R v GS [2003] NSWCCA 73
R v WRC (2002) 130 A Crim R 89
R v Stewart (2001) NSWLR 301
Festa v The Queen (2001) 208 CLR 593
Mraz v The Queen (1955) 93 CLR 493
R v Cohen and Bateman (1909) 2 Cr App R 197
Quartermaine v The Queen (1980) 143 CLR 595
S v The Queen (1989) 168 CLR 266
R v GPP (2001) A Crim R 1PARTIES: Ronald John Sheehan (App)
Regina (Resp)FILE NUMBER(S): CCA 2006/701 COUNSEL: H Dhanji (App)
P G Ingram (Resp/Crown)SOLICITORS: J Pearson - LAC (App)
S Kavanagah (Resp/Crown)
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 04/61/116 LOWER COURT JUDICIAL OFFICER: Coolahan DCJ LOWER COURT DATE OF DECISION: 08/06/05
2006/701
Wednesday 16 August 2006HANDLEY JA
KIRBY J
HOEBEN J
Ronald John SHEEHAN v REGINA
Judgment
1 HANDLEY J: I agree with Kirby J.
2 KIRBY J: Ronald John Sheehan stood trial before Coolahan DCJ at a jury in the District Court at Orange. The indictment may be summarised as follows:
- Count 1 : That between 14.7.81 and 31.12.81 he had sexual intercourse without consent with a child under…
Continue reading Sheehan v Regina
Sign in free to access the full text
Details
- AGLC
- Sheehan v Regina [2006] NSWCCA 233
- Case
- [2006] NSWCCA 233
- Decision Date
CaseChat Overview and Summary
Sheehan was charged with multiple offences including aggravated sexual assault of a young child. The case reached the court where the appellant sought to overturn his convictions on several counts. The central legal issue was whether the trial judge's failure to use the specific words "warning" or "dangerous to convict" in relation to uncorroborated counts of the offence constituted a miscarriage of justice. The court had to determine whether the omission of these specific words, as per Longman, was fundamental to the trial process.
The court held that the omission of the exact wording did not necessarily lead to a miscarriage of justice. It was noted that the trial judge did provide a comprehensive warning regarding the dangers of convicting on uncorroborated evidence, even if he did not use the exact terminology. The court emphasised that the essence of the Longman warning was adequately conveyed, and the lack of precise wording did not undermine the integrity of the trial. The critical aspect was that the trial judge ensured the jury understood the need for caution in convicting based on uncorroborated evidence.
The appeal was dismissed. The court found that while the judge did not use the exact words "warning" or "dangerous to convict," he effectively communicated the necessary caution to the jury. The failure to use the precise terminology did not amount to a miscarriage of justice. The conviction on the corroborated count remained valid, and the appeal was unsuccessful.
The court held that the omission of the exact wording did not necessarily lead to a miscarriage of justice. It was noted that the trial judge did provide a comprehensive warning regarding the dangers of convicting on uncorroborated evidence, even if he did not use the exact terminology. The court emphasised that the essence of the Longman warning was adequately conveyed, and the lack of precise wording did not undermine the integrity of the trial. The critical aspect was that the trial judge ensured the jury understood the need for caution in convicting based on uncorroborated evidence.
The appeal was dismissed. The court found that while the judge did not use the exact words "warning" or "dangerous to convict," he effectively communicated the necessary caution to the jury. The failure to use the precise terminology did not amount to a miscarriage of justice. The conviction on the corroborated count remained valid, and the appeal was unsuccessful.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.