Stafford v The Queen

Case [1993] HCATrans 41


IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Brisbane No B35 of 1992

B e t w e e n -

GRAHAM STUART STAFFORD

Applicant

and

THE QUEEN

Respondent

Application for special leave

to appeal

DEANE J
DAWSON J

TOOHEY J

TRANSCRIPT OF PROCEEDINGS

FROM BRISBANE BY VIDEO LINK TO CANBERRA

ON THURSDAY, 4 MARCH 1993, AT 10.33 AM

Copyright in the High Court of Australia

Stafford 1 4/3/93
MR S.E. HERBERT, QC: May it please the Court, I appear for

the applicant (instructed by Gilshenan and Luton).

MR B.J. BUTLER:  I appear for the respondent with

MR T.A. FULLER. (instructed by D. Field, Solicitor

to Director of Public Prosecutions (Queensland))

MR HERBERT:  Your Honours, the complaint in this case is

that the effect of the learned trial judge's

directions infringe what will be submitted to be a

rule in R v Robinson, (1991) 2 ALJR 644.

Your Honours, the direction may be conveniently

found at page 7 of the application book.

DEANE J:  Mr Herbert, you can take it that all members of

the Court have carefully read the judgment, and are

well aware of the basic factual matters.

MR HERBERT:  Thank you, Your Honours. Your Honours, that

being so, it is submitted that this direction had

the effect of permitting greater, or close,
scrutiny of the evidence of the applicant merely by

reason of the fact that he was the accused in the

case. By placing him in that position, it is

submitted, this direction then took from him, or

was capable of taking from him, creditability, only

by reason of that. If I may - - -

DEANE J:  Now, the Court of Appeal accepted, that on one
reading of the critical passages, what was said
would be a misdirection.  But Their Honours

concluded that in all the circumstances of this particular case, the relevant passages did more good than harm, from the accused point of view.

Now, there are two aspects of that. One is,

if that is what the case turned on, there is a bit

of a problem about seeing that it is an appropriate

case for special leave. The other is, were
Their Honours mistaken in any event in the
circumstance of this case. I am not trying to

discourage you, but it does seem to me that they

may be the matters to which you might most usefully

direct some attention.

MR HERBERT:  I will deal with them immediately.
MR HERBERT: 
I will deal with them immediately.  Firstly as

to the characterization of the directions by the

learned judges of appeal, it it principally what

was, with respect, thought to be perhaps the

motivation of the trial judge that Their Honours

dealt. They took the view, it would seem from the

record, that His Honour may have perceived - that

is the learned trial judge - some hostility or

difficulty on the part of the jury with the

evidence of the applicant. At page 11 of the

Stafford 2

Continue reading Stafford v The Queen

Sign in free to access the full text

Details
AGLC
Stafford v The Queen [1993] HCATrans 41
Case
[1993] HCATrans 41
Decision Date

CaseChat Overview and Summary

Graham Stuart Stafford applied for special leave to appeal to the High Court of Australia against a decision of the Queensland Court of Appeal. The applicant's complaint concerned the directions given by the trial judge to the jury.

The central legal issue before the High Court was whether the trial judge's directions to the jury had the effect of permitting greater scrutiny of the applicant's evidence solely because he was the accused, thereby potentially diminishing his credibility. This was framed by reference to a rule established in *R v Robinson*. The Court of Appeal had acknowledged that the directions could be read as a misdirection but concluded that, in the circumstances of the case, they did more good than harm from the accused's perspective.

The applicant submitted that the Court of Appeal erred in its characterisation of the trial judge's motivation and in its reasoning that the strength of the Crown's case excused a less stringent application of the *Robinson* rule. The applicant argued that the Court of Appeal's approach, which appeared to measure the required judicial direction against the strength of the prosecution's case, was flawed. The Court of Appeal's reasoning suggested that if the trial judge perceived hostility from the jury towards the accused's evidence, the directions could be seen as an attempt to ensure fairness, and that in cases with a strong Crown case followed by the accused giving evidence, there was a risk of the jury summarily rejecting that evidence regardless of judicial warnings.

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.