[2012] TASSC 88
COURT: SUPREME COURT OF TASMANIA
CITATION: Tasmania v Standage [2012] TASSC 88
PARTIES: STATE OF TASMANIA
v
STANDAGE, Stephen Roy
FILE NO/S: 463/2010, 84/2012
DELIVERED ON: 21 December 2012
DELIVERED AT: Hobart
HEARING DATE: 1, 2, 3, 4, 5, 8, 9 October 2012
JUDGMENT OF: Evans J
CATCHWORDS:
Criminal Law – Evidence – Propensity, tendency and coincidence – Admissibility and relevancy – Tendency and coincidence evidence under the uniform evidence law – Generally – Unfair prejudice – Reliance on jurors to comply with directions.
Evidence Act 2001 (Tas), ss97(1), 101(2), 135(a), 137.
R v BD (1997) 94 A Crim R 131; Papakosmas v R (1999) 196 CLR 297, KMJv Tasmania [2011] TASCCA 7, applied.
R v Glennon (1992) 173 CLR 592; Western Australia v Bowen (2006) 32 WAR 81; Marlow and Kelly v R [2001] TASSC 146; Owen v R [2001] TASSC 79; Webb v R (1994) 181 CLR 41, Leaman v R (1987) 28 A Crim R 104, referred to.
Aust Dig Criminal Law [2780]
Criminal Law – Procedure – Information, indictment or presentment – Joinder – Of counts – By statute – Same facts or series of offences of same or similar character.
Criminal Code 1924 (Tas), ss311(2), 326(3).
R v Clayton-Wright [1948] 2 All ER 763; R v Kray [1970] 1 QB 125; Ludlowv Metropolitan Police Commissioner [1971] AC 29; R v Anderson (1973) 5 SASR 256; Sutton v R (1984) 152 CLR 528; De Jesus v R (1986) 68 ALR 1; Lancaster v R [1989] WAR 83, followed.
Aust Dig Criminal Law [3075]
REPRESENTATION:
Counsel:
Applicant: D J Gunson SC
Respondent: D G Coates SC
Solicitors:
Applicant: Gunson Williams
Respondent: Director of Public Prosecutions
Judgment Number: [2012] TASSC 88
Number of paragraphs: 134
Serial No 88/2012
File Nos 463/2010
84/2012
STATE OF TASMANIA v STEPHEN ROY STANDAGE
REASONS FOR JUDGMENT EVANS J
21 December 2012
The accused, Stephen Standage, applies pursuant to the Criminal Code 1924 ("the Code"), s326(3), for the severance of an indictment in which he is charged with two counts of murder. Count 1 alleges that he murdered Ronald Frederick Jarvis by shooting him at Nugent on 31 July 1992. Count 2 alleges that he murdered John Lewis Thorn by shooting him at Lake Leake on 24 August 2006.
Counsel for the accused, Mr D J Gunson SC, submits that the indictment should be severed because:
· the inclusion of these counts in the same indictment contravenes the Code, s311(2), as they are not a "series of crimes of the same or a similar character"; and
· the Court should exercise its discretion to sever the indictment pursuant to the Code, s326(3), because the accused "may be prejudiced or embarrassed in his defence by reason of being charged with more than one crime on the same indictment".
Mr Gunson characterised the first of the above issues as critical and the second issue as a "fall back…
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CaseChat Overview and Summary
The court had to consider whether the trial judge properly exercised their discretion in admitting the evidence of previous sexual abuse, and whether the directions given to the jury were adequate to ensure that the evidence was not considered as substantive evidence of the respondent's guilt. The court also had to determine whether the joinder of the charges was permissible under the Criminal Procedure Act, given that the offences were of the same or similar character and arose out of the same set of facts.
The court found that the trial judge did not err in admitting the evidence, as it was relevant to the issue of tendency and coincidence, and the directions given to the jury were sufficient to prevent the jury from considering the evidence as substantive evidence of the respondent's guilt. The court also found that the joinder of the charges was permissible under the Criminal Procedure Act, as the offences were of the same or similar character and arose out of the same set of facts.
The court upheld the convictions of the respondent, but ordered a retrial on the charge of aggravated sexual intercourse with a child under the age of fourteen years, as the trial judge's direction to the jury on this charge was inadequate.
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