HIGH COURT OF AUSTRALIA
GAGELER CJ,
GORDON, GLEESON, JAGOT AND BEECH‑JONES JJTHE KING APPELLANT
AND
RYAN CHURCHILL (A PSEUDONYM) RESPONDENT
The King v Ryan Churchill (a pseudonym)
[2025] HCA 11
Date of Hearing: 14 February 2025
Date of Judgment: 2 April 2025
M94/2024
ORDER
1.Appeal allowed.
2.Set aside the orders made by the Court of Appeal of the Supreme Court of Victoria on 28 June 2024 and, in their place, order that the respondent's appeal to the Court of Appeal be dismissed.
On appeal from the Supreme Court of Victoria
Representation
B F Kissane KC with S C Clancy for the appellant (instructed by Office of Public Prosecutions (Vic))
B W Walker SC with R B Shann SC and H L Canham for the respondent (instructed by Doogue + George Defence Lawyers)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
GAGELER CJ, GORDON, GLEESON, JAGOT AND BEECH-JONES JJ. The issue of principle raised by this appeal from a decision of the Court of Appeal of the Supreme Court of Victoria (Beach, Taylor and Orr JJA)[1] is whether, in a trial of a sexual offence governed by the Evidence Act 2008 (Vic) and the Jury Directions Act 2015 (Vic), where evidence that the complainant was distressed at the time of making a pre-trial complaint was relied upon by the prosecution to support the complainant's version of events, there are "substantial and compelling reasons"[2] for the trial judge to warn the jury that: (1) before the evidence of distress could be used for that purpose the jury had to be satisfied that there was a causal link between the distress and the alleged offending; and (2) such evidence generally carries little weight. As will be explained, there are no such reasons and a trial judge is not required to give such directions.
[2]See s 16 of the Jury Directions Act.
The Court of Appeal was wrong to hold that such directions were required to be given by the trial judge to the jury in the trial of the respondent in the County Court of Victoria in which he was found guilty of two offences of incest contrary to s 44(2) of the Crimes Act 1958 (Vic) and, accordingly, was wrong to hold that the absence of such directions occasioned a substantial miscarriage of justice warranting the setting aside of his convictions for those offences under s 276 of the Criminal Procedure Act 2009 (Vic).
In a trial of a sexual offence in Victoria, evidence that a complainant was distressed at the time of making a pre-trial complaint is ordinarily relevant and admissible. It is relevant within the meaning of s 55 of the Evidence Act on either or both of two bases: as evidence that, if accepted, could, first, enhance the credit of the complainant if the jury were to find a…
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- Case
- [2025] HCA 11
- Decision Date
CaseChat Overview and Summary
The central legal issues before the High Court were whether the trial judge's directions concerning the use of the complainant's distress evidence were lawful and regular, and whether they occasioned a miscarriage of justice. Specifically, the court had to determine if there were substantial and compelling reasons for the trial judge to have warned the jury about the necessity of finding a causal link between the complainant's distress and the alleged offending, and whether a warning about the general weight of distress evidence was required. The respondent, by way of a notice of contention, argued that the Court of Appeal's decision should be affirmed on the basis that the trial judge was obliged to instruct the jury on the need to establish a causal link between the distress and the offending.
The High Court allowed the appeal, setting aside the orders of the Court of Appeal and dismissing the respondent's appeal to that court. The High Court reasoned that the trial judge's directions, when read as a whole, were not erroneous. The trial judge had instructed the jury that evidence of the complaint could be used as evidence of the fact that the conduct complained of had occurred and as evidence relevant to the complainant's credibility, while also cautioning the jury that it would be a mistake to treat the complaint as independent of the complainant and warning of the need for caution when considering the complainant's evidence. The Court of Appeal's reliance on its previous decisions, which formulated a general proposition requiring specific directions on a rational causal link and the limited weight of distress evidence, was found to be misapplied in this instance. The High Court concluded that the trial judge's directions did not give rise to a substantial miscarriage of justice.
Orders
Orders of the court
1. Appeal allowed.
2. Set aside the orders made by the Court of Appeal of the Supreme Court of Victoria on 28 June 2024 and, in their place, order that the respondent's appeal to the Court of Appeal be dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: GAGELER CJ, GORDON, GLEESON, JAGOT AND BEECH-JONES JJ
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