Thomson v R

Case [2015] ACTCA 16


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

COURT OF APPEAL

Case Title:

Thomson v The Queen; The Queen v Thomson

Citation:

[2015] ACTCA 16

Hearing Date:

3 November 2014

DecisionDate:

14 October 2015

Before:

Murrell CJ, Burns and Ross JJ

Decision:

See [71]

Category:

Principal Judgment

Catchwords:

APPEAL AND NEW TRIAL – Appeal – general principles – appeal against conviction – whether verdicts unsafe and unsatisfactory – whether evidence of complainant demonstrably unreliable – whether complainant’s memory demonstrably contaminated.

APPEAL AND NEW TRIAL – Appeal – general principles – prosecution appeal – appeal against sentence – whether sentences manifestly inadequate – where primary judge erred in relation to maximum penalty – appeal allowed in part – remitted to primary judge for re-sentence.

Legislation Cited:

Crimes Act 1900 (ACT) s 61(1)

Evidence (Miscellaneous Provisions) Act 1991 (ACT) s 40F

Supreme Court Act 1933 (ACT) s 37O(2)

Cases Cited:

CMB v Attorney-General (NSW) (2015) 317 ALR 308

Dinsdale v The Queen (2000) 202 CLR 321

Edwin v The Queen [2014] ACTCA 47

Gillard v The Queen (2013) 275 FLR 416

Klobucar v The Queen [2014] ACTCA 6

M v The Queen (1994) 181 CLR 487

Markarian v The Queen (2005) 228 CLR 357

Mill v The Queen (1988) 166 CLR 59

R v Daetz (2003) 139 A Crim R 398

R v Duffy & Ors (2014) 297 FLR 359

R v Hillier (2007) 228 CLR 618
R v Todd [1982] 2 NSWLR 517

SKA v The Queen (2011) 243 CLR 400

Parties:

ACTCA 16 of 2014:

Sarah Jane Thomson (Appellant)

The Queen (Respondent)

ACTCA 24 of 2014:

The Queen (Appellant)

Sarah Jane Thomson (Respondent)

Representation:

Counsel

ACTCA 16 of 2014:

Mr S Gill (Appellant)

Mr J White SC (Respondent)

ACTCA 24 of 2014:

Mr J White SC (Appellant)

Mr S Gill (Respondent)

Solicitors

ACTCA 16 of 2014:

Pappas, j - attorney (Appellant)

ACT Director of Public Prosecutions (Respondent)

ACTCA 24 of 2014:

ACT Director of Public Prosecutions (Appellant)

Pappas, j - attorney (Respondent)

File Numbers:

ACTCA 16 of 2014; ACTCA 24 of 2014

Decisions under appeal: 

Court:  ACT Supreme Court

Before:  Refshauge J

Date of Decision:         28 March 2014 (conviction)

6 May 2014 (sentence)

Case Title:  R v Thomson

Citation: [2014] ACTSC 133

Court File Number:       SCC 42 of 2012

MURRELL CJ AND ROSS J:

  1. A jury found the appellant guilty of three offences that, between 1 January 2008 and 30 September 2008, she committed acts of indecency (sexual posing) in the presence of the complainant, a child under 10 years.  The primary judge sentenced the appellant to an effective term of imprisonment of three years, suspended forthwith upon the appellant entering a four year good behaviour order.

  1. The appellant appealed against the verdicts, alleging that they were unsafe and unsatisfactory.  The prosecution appealed against the sentences, asserting that they were manifestly inadequate and that the primary judge had erred in relation to the maximum available penalty.

  1. The procedural history of the matter and the evidence given at the trial are…

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Thomson v R [2015] ACTCA 16
Case
[2015] ACTCA 16
Decision Date

CaseChat Overview and Summary

Thomson appealed against his conviction for sexual offences. The appeal concerned whether the verdicts of the jury were unsafe and unsatisfactory, specifically in light of arguments that the complainant's evidence was demonstrably unreliable and that her memory had been demonstrably contaminated.

The Court of Criminal Appeal was required to determine whether the evidence presented at trial was such that no reasonable jury, properly instructed, could have reached the verdicts returned. This involved a close examination of the complainant's testimony and any factors that might have affected its reliability or the integrity of her memory.

The Court considered the principles governing appeals against conviction based on the safety and satisfactoriness of verdicts. It analysed the evidence in detail, assessing the grounds of appeal relating to the complainant's reliability and the alleged contamination of her memory. The Court ultimately found that the verdicts were not unsafe or unsatisfactory and dismissed the appeal against conviction.

The Court also considered a separate appeal by the Crown against the sentences imposed. The Crown argued that the sentences were manifestly inadequate and that the primary judge had erred in relation to the maximum penalty applicable. The Court allowed the Crown's appeal in part, finding that the sentences were indeed inadequate, and remitted the matter to the primary judge for re-sentencing.

Orders

Orders of the court

See [71]

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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