Smith v The Queen

Case [2013] VSCA 112


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2012 0211

WOLFE JAMES SMITH

Applicant

v

THE QUEEN

Respondent

---

JUDGES

HARPER, PRIEST and COGHLAN JJA

WHERE HELD

MELBOURNE

DATE OF HEARING

19 March 2013

DATE OF JUDGMENT

14 May 2013

MEDIUM NEUTRAL CITATION

[2013] VSCA 112

JUDGMENT APPEALED FROM

Unreported, County Court of Victoria, 23 July 2012 (Conviction) and 31 August 2012 (Sentence), Judge Tinney

---

CRIMINAL LAW – Application for leave to appeal against conviction and Application for leave to appeal against sentence – Applicant convicted of intentionally causing serious injury and attempting to pervert the course of justice – Whether the judge erred by impermissibly dictating  the sequence of the jury’s deliberations – Whether the conviction on the charge of pervert the course of justice is reasonable and/or can be supported having regard to the evidence – Application for leave to appeal against conviction and application for leave to appeal against sentence dismissed.

---

Appearances: Counsel Solicitors
For the Applicant Mr O P Holdenson QC Schembri & Co
For the Crown Mr B F Kissane Mr C Hyland, Solicitor for Public Prosecutions`

HARPER JA:

  1. I have had the benefit of reading, in draft, the judgment of Priest JA.  I agree with him, for the reasons he gives, that leave to appeal against both conviction and sentence should be refused.

  1. The resolution of one of the issues in this case requires, as it did in that of Medici v The Queen,[1] an examination of the directions to be given to a jury where alternative charges have been preferred by the Crown.  I refer to my judgment in Medici, in which I endeavoured to articulate how in my opinion jurors may appropriately be  assisted in discharging their duty in the circumstances with which the jurors were confronted in the present case.

PRIEST JA:

Introduction

  1. In my opinion, the application for leave to appeal against conviction, and the application for leave to appeal against sentence, should each be refused.  My reasons follow.

The charges and sentences

  1. There were four counts on the Indictment – affray, charge 1; intentionally causing serious injury, charge 2;  recklessly causing serious injury, charge 3;  and attempting to pervert the course of justice, charge 4.

  1. Following a trial in the County Court at Melbourne, on 23 July 2012 the applicant was convicted of intentionally causing serious injury (charge 2) and attempting to pervert the course of justice (charge 4).  He was found not guilty of affray.  Owing to the verdict on the second charge, no verdict was taken on the

alternative charge of recklessly causing serious injury, or on the ‘included’ offences of intentionally causing injury or recklessly causing injury.[2]

  1. On 31 August 2012 the trial judge sentenced the applicant to be imprisoned for four (4) years…

Continue reading Smith v The Queen

Sign in free to access the full text

Details
AGLC
Smith v The Queen [2013] VSCA 112
Case
[2013] VSCA 112
Decision Date

CaseChat Overview and Summary

The applicant, Smith, was convicted of intentionally causing serious injury to another person and of attempting to pervert the course of justice. Smith sought leave to appeal against both the conviction and the sentence. The High Court of Australia was tasked with determining whether the trial judge had erred by directing the jury on the sequence of their deliberations and whether the conviction on the charge of perverting the course of justice was reasonable and supported by the evidence. The Court examined whether the judge's instructions to the jury constituted an error that could have affected the fairness of the trial. Additionally, the Court assessed the sufficiency and reliability of the evidence supporting the conviction on the charge of attempting to pervert the course of justice.

In its reasoning, the Court held that the trial judge's direction to the jury did not constitute an error that warranted a new trial. The judge's instruction was a legitimate guide to the jury in their deliberations and did not prejudice the applicant. Furthermore, the Court found that the evidence was sufficient to support the conviction on the charge of attempting to pervert the course of justice. The Court was satisfied that the jury's decision was based on reliable and credible evidence, and thus, the conviction was reasonable and properly supported.

The High Court dismissed both the application for leave to appeal against the conviction and the application for leave to appeal against the sentence. The Court concluded that the trial judge's directions to the jury did not constitute a significant error, and the evidence was sufficient to uphold the conviction on the charge of perverting the course of justice. As such, Smith's appeal was unsuccessful, and the original conviction and sentence remained in place.

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.