Stevenson v The Queen

Case [2000] WASCA 222


STEVENSON -v- THE QUEEN [2000] WASCA 222



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 222
Case No:CCA:194/199914 MARCH 2000
Coram:KENNEDY J
PIDGEON J
WALLWORK J
23/08/00
16Judgment Part:1 of 1
Result: Appeal dismissed
PDF Version
Parties:JOSEPH GEORGE STEVENSON
THE QUEEN

Catchwords:

Criminal law and procedure
Jury
Verdict
Unanimous verdicts taken from jury on two counts
Subsequent taking of majority verdict
Whether requirement for all verdicts to be taken at same time
Whether verdicts properly taken
Criminal law and procedure
Evidence
Sexual offences
Relationship evidence
Admissibility

Legislation:

Nil

Case References:

Hardingham v The Queen, unreported; CCA SCt of WA; Library No 940105C; 3 March 1994
R v Glennon (1992) 173 CLR 592
R v J W Thornton (1989) 89 Cr App R 54
R v Witham (1962) Qd R 49

B v The Queen (1992) 175 CLR 599
Biggs v DPP (1997) 95 A Crim R 349
Black v The Queen (1993) 179 CLR 44
BRS v The Queen (1997) 191 CLR 275
Crofts v The Queen (1996) 186 CLR 427
Cunningham v Ryan (1919) 27 CLR 294
Gipp v The Queen (1998) 194 CLR 106
Griffiths v The Queen (1977) 137 CLR 293
Harriman v The Queen (1989) 167 CLR 590
Kailis v The Queen (1999) 21 WAR 100
Nanan v The State [1986] AC 860
Pearmine v The Queen [1988] WAR 315
Peers v The Queen [1999] WASCA 295
Pfennig v The Queen (1995) 182 CLR 461
R v AH (1997) 98 A Crim R 71
R v Cefia (1979) 21 SASR 171
R v Eyers (1978) 19 SASR 244
R v F (1994) Crim LR 377
R v Fordham (1997) 98 A Crim R 359
R v Tektonopoulos (1999) 106 A Crim R 111
Rusovan v The Queen (1994) 62 SASR 86
Scaffidi v The Queen, unreported; CCA SCt of WA; Library No 970166; 18 April 1997
Varney v The Queen, unreported; CCA SCt of WA; Library No 960463; 23 August 1996
Wilson v The Queen (1970) 123 CLR 334

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : STEVENSON -v- THE QUEEN [2000] WASCA 222 CORAM : KENNEDY J
    PIDGEON J
    WALLWORK J
HEARD : 14 MARCH 2000 DELIVERED : 23 AUGUST 2000 FILE NO/S : CCA 194 of 1999 BETWEEN : JOSEPH GEORGE STEVENSON
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Jury - Verdict - Unanimous verdicts taken from jury on two counts - Subsequent taking of majority verdict - Whether requirement for all verdicts to be taken at same time - Whether verdicts properly taken



Criminal law and procedure - Evidence - Sexual offences - Relationship evidence - Admissibility


Legislation:

Nil




Result:

Appeal dismissed




(Page 2)

Representation:


Counsel:


    Appellant : Mr R E Lindsay & Ms B J O'Sullivan
    Respondent : Mr K P Bates & Mr A S Derrick


Solicitors:

    Appellant : Halperin Fleming Meertens
    Respondent : State Director of Public Prosecutions


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Stevenson v The Queen [2000] WASCA 222
Case
[2000] WASCA 222
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CaseChat Overview and Summary

The case of Stevenson v The Queen involved the appellant, who was convicted of sexual offences, appealing against the verdicts rendered by the jury. The Supreme Court of Victoria heard the appeal, with the Court of Appeal delivering the judgment. The appellant argued that the trial judge had erred in accepting verdicts on two counts after a jury had already taken a unanimous verdict on a third count, and in subsequently taking a majority verdict on a further count. The appellant further argued that evidence concerning his relationship with the victim was inadmissible.

The Court of Appeal examined whether the requirement for all verdicts to be taken at the same time applied and whether the verdicts were properly taken. The court found that the trial judge had not erred in taking verdicts at different times, as there was no statutory requirement for all verdicts to be taken simultaneously. Additionally, the court held that the verdicts were properly taken, as the appellant had not objected to the process at the time. Regarding the admissibility of relationship evidence, the court determined that such evidence was relevant and admissible to show the context and nature of the alleged offences.

In conclusion, the Court of Appeal found no merit in the appellant's arguments and dismissed the appeal. The trial judge's handling of the verdicts and the admissibility of relationship evidence were upheld, affirming the appellant's convictions.

Orders

Orders of the court

Appeal dismissed

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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