Sumpton v R

Case [2016] NSWCCA 162


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Sumpton v R [2016] NSWCCA 162
Hearing dates:28 July 2016
Decision date: 10 August 2016
Before: Hoeben CJ at CL at [1]
Hall J at [112]
Bellew J at [113]
Decision:

Conviction Appeal:
(1)   Leave to rely upon Grounds 1 and 4 is refused.
(2)   Leave to rely upon Ground 2 is granted but the appeal in relation to Ground 2 is dismissed.
(3)   The appeal in relation to Ground 3 is dismissed.

 Sentence Appeal:
(i)   Leave to appeal is granted.
(ii)   The appeal is dismissed.
Catchwords:

CRIMINAL LAW – CONVICTION APPEAL – two counts of arson and one count of murder – victim stabbed and found in partially burned house – whether particular evidence in Crown case needed to be proved beyond reasonable doubt – whether Crown case was a “links in a chain” case – trial run on a different basis – applicant bound by the way in which the trial was run – whether directions should have been given that “alibi” evidence had to be negatived beyond reasonable doubt – whether tendency evidence was wrongly admitted – whether admission of tendency evidence gave rise to a miscarriage of justice – whether jury sufficiently directed that even if defence witnesses disbelieved the Crown still bore the onus of proving its case – appeal dismissed.

  CRIMINAL LAW – SENTENCE APPEAL – Asserted miscarriage of justice arising from the failure on the part of the applicant’s legal representatives to tender a medical report on sentence – No miscarriage of justice established – Asserted errors on the part of the trial judge in assessment of the objective seriousness of the offending – Whether the accused’s treatment of the body of the deceased was an aggravating factor – Concessions properly made by counsel who appeared on sentence – Not open to the applicant to re-agitate the subject matter of those concessions – No error established
Legislation Cited: Evidence Act 1995 (NSW) – ss 97, 101
Crimes (Sentencing Procedure) Act 1999 (NSW) - ss 21A, 28
Cases Cited: Bayram v R [2012] VSCA 6
Betts v R [2015] NSWCCA 39
Keane v R [2011] VSCA 156
M v R [1994] HCA 63; 181 CLR 487
Mulato v R [2006] NSWCCA 282
Panetta v R [2016] NSWCCA 85
Perish, Anthony v R; Perish, Andrew v R; Lawton, Matthew v R [2016] NSWCCA 89
Pym v R [2014] NSWCCA 182
R v Do (No 4) [2015] NSWSC 512
R v Halloun [2014] NSWSC 1705
R v Pluis [2015] NSWSC 320
R v Sumpton [2014] NSWSC 1432
R v Sumpton (No 4) [2015] NSWSC 684
Romero v R [2011] VSCA 45
Shepherd v R [1990] HCA 56; 170 CLR 573
Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460
Category:Principal judgment
Parties: Andrew Mervyn Sumpton – Applicant
Regina – Respondent Crown
Representation:

Counsel:
P Segal – Applicant
M Cinque SC – Respondent Crown

  Solicitors:

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AGLC
Sumpton v R [2016] NSWCCA 162
Case
[2016] NSWCCA 162
Decision Date

CaseChat Overview and Summary

The applicant, Sumpton, appealed against his conviction and sentence for two counts of arson and one count of murder, arising from a case where a victim was stabbed and found in a partially burned house. The appeal raised issues concerning the sufficiency of the Crown's case and the handling of certain evidence, including whether particular evidence needed to be proved beyond reasonable doubt, the appropriateness of the trial's basis, and the admissibility of tendency evidence. The applicant argued that the trial directions should have required the alibi evidence to be negatived beyond reasonable doubt and that the admission of tendency evidence led to a miscarriage of justice. Additionally, the applicant contended that the jury should have been more clearly directed that even if the defence witnesses were disbelieved, the Crown still had the onus of proving its case.

The court examined the basis of the trial and found that the applicant was bound by the way in which the trial was run. It considered whether the directions given to the jury adequately covered the need for the alibi evidence to be negatived beyond reasonable doubt, concluding that no error was made in this regard. The court also assessed the admissibility of tendency evidence and found that its admission did not lead to a miscarriage of justice. Furthermore, the court found that the jury was sufficiently directed on the onus of proof resting on the Crown, even if the defence witnesses were disbelieved.

The appeal against the conviction was dismissed as the court found no miscarriage of justice in the trial process or in the handling of the evidence. The court also considered the appeal against the sentence, which was based on the applicant’s legal representatives' failure to tender a medical report. The court concluded that no miscarriage of justice was established due to this omission and found that the concessions made by counsel on sentence were properly considered. The court held that the applicant could not re-agitate the subject matter of those concessions and found no error in the trial judge's assessment of the objective seriousness of the offending.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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