SUPREME COURT OF VICTORIA
COURT OF APPEAL
| JAMIE LESLIE SUMNER | S APCR 2008 0667 |
| Applicant | |
| v | |
| THE QUEEN | Respondent |
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JUDGES: | REDLICH, MANDIE & BONGIORNO AJA | ||
WHERE HELD: | MELBOURNE | ||
DATE OF HEARING: | 17 June 2010 | ||
DATE OF JUDGMENT: | 2 September 2010 | ||
MEDIUM NEUTRAL CITATION: | [2010] VSCA 221 | ||
JUDGMENT APPEALED FROM: | [2008] VSC 176 (Nettle JA) | ||
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CRIME – Conviction for murder – Whether Faure warning necessary in relation to principal Crown witness – Corroboration – Essential quality of corroboration evidence – R v Kuster (2008) 21 VR 407 applied – Circumstantial evidence amounting to corroboration – Corroboration of admissions made in numerous conversations – Consistency with facts admitted – Facts otherwise unknown to the person to whom the admission was made – Burns v R (1975) 132 CLR 258; Matusevich v R (1977) 137 CLR 633 applied – Improbability that consistencies were coincidence – Cumulative effect of facts rendering making of the admissions more probable – Facts more consistent with Crown hypothesis – Whether verdict unsafe or unreasonable.
SENTENCE – Vigilante action – Whether sentence should be reduced on account of the applicant’s distress and human frailty – Term of twenty two years’ imprisonment not manifestly excessive.
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| APPEARANCES: | Counsel | Solicitors |
For the Applicant | Mr M J Croucher Mr K J Dernelley | Theo Magazis & Assoc |
For the Crown | Mr J D McArdle Q.C. | Mr C Hyland, Solicitor for Public Prosecutions |
REDLICH JA:
The applicant was jointly presented in the trial division of the Supreme Court with a co-accused, Shaun Benporath, on a count of having murdered Ray Allen. Following a jury trial, the applicant was found guilty and his co-accused was acquitted. The applicant was sentenced to 22 years’ imprisonment with a non-parole period of 18 years. He now seeks leave to appeal against his conviction and sentence.
The applicant relies upon two grounds of appeal against conviction. Under ground 1, it is contended that the learned trial judge erred by finding that particular pieces of evidence were capable of being corroborative of the evidence of the witness Chi Dung Lien, who testified that the applicant had made inculpatory statements to him on various occasions immediately before and after Ray Allen’s disappearance. Under ground 2 it is contended that the conviction is unreasonable or not open on the evidence.
The Crown Case
Raymond Allen, was last seen in the afternoon of Anzac Day 25 April 2005. He was reported as a missing person at the Mooroopna Police Station on 27 April 2005.
The Crown case was that Allen was abducted by the applicant and Benporath on the afternoon of 25 April 2005 and was later murdered. The motive was said to be the applicant’s belief that his brother, while under the influence of prescription drugs and cannabis, had been raped by Allen. This allegation, which was probably false, was made by his brother when he was admitted to a psychiatric hospital following an attempted suicide. He was then suffering from a psychosis with consequent florid delusions.
It was…
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- AGLC
- Sumner v The Queen [2010] VSCA 221
- Case
- [2010] VSCA 221
- Decision Date
CaseChat Overview and Summary
The court first addressed the sufficiency of the evidence, particularly whether the Faure warning was necessary concerning the principal Crown witness. The court examined the nature and quality of the corroboration required under R v Kuster, determining whether the circumstantial evidence provided sufficient corroboration. It was established that the admissions made by the appellant in numerous conversations were consistent with facts admitted and were otherwise unknown to the persons involved, aligning with the principles set out in Burns v R and Matusevich v R. The court found that the cumulative effect of these facts rendered the making of the admissions more probable and that the facts were more consistent with the Crown's hypothesis.
In its reasoning, the court held that the verdict was neither unsafe nor unreasonable given the evidence presented. The court further assessed the sentence imposed, considering whether it should be reduced due to the appellant's distress and human frailty. After careful deliberation, the court concluded that the twenty-two-year term of imprisonment was not manifestly excessive.
The court ultimately determined that the applicant should be refused leave to appeal, upholding both the conviction and the sentence imposed.
Orders
Orders of the court
The applicant should be refused leave to appeal.
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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