Slater v The Queen

Case [2004] WASCA 151


SLATER -v- THE QUEEN [2004] WASCA 151



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 151
COURT OF CRIMINAL APPEAL26/07/2004
Case No:CCA:46/200322 MARCH 2004
Coram:STEYTLER J
WHEELER J
EM HEENAN J
9/06/04
45Judgment Part:1 of 1
Result: Appeal allowed, Convictions quashed, Retrial ordered
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Parties:IVAN SLATER
THE QUEEN

Catchwords:

Criminal law
Appeal against conviction
Application for new trial on the grounds of the discovery of fresh evidence
Conviction for indecent dealing without consent of a child between the age of 13 and 16 years
Admissibility of evidence of supply of liquor to juveniles on other occasions
Admissibility of evidence to prove that accused lied to police in videotaped record of interview
Extent to which exculpatory statements made to police in videotaped record of interview on collateral issues justify the prosecution to tender evidence to refute explanations then made
Prejudicial effect of evidence compared with probative value
Test for grant of new trial in the light of fresh evidence

Legislation:

Criminal Code, s 321

Case References:

Allied Interstate (Qld) Pty Ltd v Barnes (1968) 118 CLR 581
Button v The Queen (2002) 25 WAR 382
Day v Dyson [1965] VR 165
Edwards v The Queen (1993) 178 CLR 193
Gallagher v The Queen (1986) 160 CLR 392
Harriman v The Queen (1989) 167 CLR 590
Healy v The Queen (1995) 15 WAR 104
Hills v Sklivas [1995] 1 VR 599
Jaensch v The Queen [2000] WASCA 212
Mallard v The Queen [2003] WASCA 296
Mawaz Khan v The Queen [1967] 1 AC 454
Middleton v The Queen (1998) 19 WAR 179
Milton v The Queen [2000] WASCA 25
Mule v The Queen [2004] WASCA 7
Pfennig v The Queen (1995) 182 CLR 461
Piddington v Bennett and Wood Pty Ltd (1940) 63 CLR 533
Pollitt v The Queen (1992) 174 CLR 558
R v Beck [1990] 1 Qd R 30
R v Bridgman (1980) 24 SASR 278
R v Chin (1985) 157 CLR 671
R v Gay [1976] VR 577
R v Hall [1952] 1 KB 302
R v Sharp (1988) 86 Cr App Rep 274
Subramaniam v Public Prosecutor [1956] 1 WLR 965
Sutton v The Queen (1984) 152 CLR 528
Walton v The Queen (1989) 166 CLR 283
Willis v The Queen (2001) 25 WAR 217
Wimpoale v McIlwraith [1923] VLR 553

Casey v The Queen, unreported; CCA SCt of WA; Library No 950064; 22 February 1995

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : SLATER -v- THE QUEEN [2004] WASCA 151 CORAM : STEYTLER J
    WHEELER J
    EM HEENAN J
HEARD : 22 MARCH 2004 DELIVERED : 9 JUNE 2004 PUBLISHED : 26 JULY 2004 FILE NO/S : CCA 46 of 2003 BETWEEN : IVAN SLATER
    Appellant

    AND

    THE QUEEN
    Respondent


ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : H H JACKSON DCJ

File Number :

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Slater v The Queen [2004] WASCA 151
Case
[2004] WASCA 151
Decision Date

CaseChat Overview and Summary

The case of Slater v The Queen involved the appellant appealing against his conviction for indecent dealing without consent with a child between the ages of 13 and 16 years. The trial judge had ruled that evidence of the supply of liquor to juveniles on other occasions was not admissible. The appellant also challenged the admissibility of evidence to prove that he had lied to police during his videotaped interview, as well as the extent to which exculpatory statements he made during the interview on collateral issues justified the prosecution tendering evidence to refute the explanations he provided. The High Court of Australia considered the appeal and determined the legal issues concerning the admissibility of evidence and the prejudicial effect of such evidence compared with its probative value.

The central legal issues before the court were whether the evidence of the supply of liquor to juveniles was relevant and admissible, and whether the evidence of the appellant's alleged lies to police and the exculpatory statements made in his videotaped interview could be used to refute his explanations. The court examined the principles governing the admissibility of evidence and the balancing test required when considering the prejudicial effect of such evidence against its probative value. The court also considered the appropriate test for granting a new trial in light of fresh evidence and whether the trial judge had erred in excluding the evidence in question.

The court found that the trial judge had erred in excluding the evidence of the supply of liquor to juveniles on other occasions, as it was relevant to the appellant's propensity to engage in unlawful conduct with minors. The court also held that the evidence of the appellant's alleged lies and exculpatory statements could be used to refute his explanations, as they were relevant to his credibility and the truthfulness of his account. The court concluded that the prejudicial effect of this evidence did not outweigh its probative value. Finally, the court determined that the trial judge's error in excluding the evidence warranted the grant of a new trial. The appeal was allowed, the convictions were quashed, and a retrial was ordered.

Orders

Orders of the court

Appeal allowed, Convictions quashed, Retrial ordered

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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