Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Stevens v R [2015] NSWCCA 235 Hearing dates: 13 July 2015 Decision date: 02 September 2015 Before: Simpson JA at [1];
Button J at [2];
Fagan J at [162]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.Catchwords: CRIMINAL LAW – appeal against conviction – eight convictions for sexual offences – whether the convictions are unreasonable or unable to be supported by the evidence – whether the evidence given by the complainant at a subsequent trial amounts to fresh evidence – whether the convictions
should be quashed and verdicts of acquittal enteredLegislation Cited: Crimes Act 1900 (NSW), ss 63, 65, 76, 89
Criminal Procedure Act 1986 (NSW), s 306ICases Cited: Aoun v R [2011] NSWCCA 284
Filippou v The Queen [2015] HCA 29
Hay v R [2013] NSWCCA 22
Kidd v R [2014] NSWCCA 319
M v the Queen [1994] HCA 63; (1994) 181 CLR 487 Miller v R [2014] NSWCCA 34
R v Abou-Chabake [2004] NSWCCA 356; (2004) 149 A Crim R 417Category: Principal judgment Parties: David Stevens (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
P O’Donnell (Applicant)
E Balodis (Respondent)
Green & McKay (Applicant)
C Hyland – Solicitor for Public Prosecutions (Respondent)
File Number(s): 2012/91176 Decision under appeal
- Court or tribunal:
- District Court
- Citation:
- [2014] NSWDC 167
- Date of Decision:
- 1 August 2014
- Before:
- Yehia SC DCJ
- File Number(s):
- 2012/00091176
Judgment
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SIMPSON JA: I agree with Button J.
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BUTTON J: This is an application for leave to appeal against eight convictions for sexual offences entered by Judge Yehia SC in the District Court of New South Wales on 1 August 2014. Those convictions were entered after a trial by jury of an indictment containing nine counts ended with verdicts of guilty on eight of them, and a verdict of not guilty on one of them. Because the two proposed grounds of appeal are founded upon questions of fact, leave is required: see the judgment of Basten JA in Aoun v R [2011] NSWCCA 284. There is no application for leave to appeal against sentence.
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I shall recount the grounds more formally later in this judgment, but at this stage it suffices to say that the first ground is that the eight convictions are unreasonable or unable to be supported, and the second ground is founded upon what is said to be fresh evidence given by the complainant in a further trial after the trial under consideration had concluded.
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To state the allegation that substantially underpinned the prosecution against the applicant concisely, the complainant gave evidence that, in 1978 when she was 17 years of age, she was sexually assaulted by a group of men in the back of a panel van after a social event in the suburbs of Sydney. She alleged that the applicant was one of those men.
Procedural background
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In order to understand the proposed grounds, it is necessary to set out the course of…
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- Stevens v The Queen [2015] NSWCCA 235
- Case
- [2015] NSWCCA 235
- Decision Date
CaseChat Overview and Summary
The court examined the evidence provided by the complainant at the subsequent trial and considered whether it constituted fresh evidence. The court found that the evidence was not fresh as it did not arise from an event that occurred after the original trial. Furthermore, the court held that the evidence did not undermine the verdicts of the jury, as it did not introduce any new facts or circumstances that were not considered at the original trial. The court also considered the standard of proof for criminal convictions and found that the evidence was sufficient to support the convictions beyond reasonable doubt. The court held that the convictions were not unreasonable or unable to be supported by the evidence.
The court dismissed the appeal and upheld the convictions. The evidence provided by the complainant at the subsequent trial did not amount to fresh evidence and did not undermine the verdicts of the jury. The court found that the evidence was sufficient to support the convictions beyond reasonable doubt. The appeal was dismissed, and the convictions were upheld.
Orders
Orders of the court
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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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