TI v The Queen

Case [2015] ACTCA 62


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

TI v The Queen

Citation:

[2015] ACTCA 62

Hearing Date:

3 August 2015

DecisionDate:

16 December 2015

Before:

Penfold, Burns and North JJ

Decision:

Leave is refused under r 5531 of the Court Procedures Rules 2006 (ACT) with respect to Grounds of appeal 1 and 2.

The appeal is dismissed.

Category:

Principal Judgment

Catchwords:

CRIMINAL LAW – Particular Offences – offences committed against children – sexual offences – incest – act of indecency on a young person – convicted at trial by jury.

APPEAL – Court of Appeal – whether a miscarriage of justice resulted from the absence of any warning by the trial judge to the jury regarding the complainant’s evidence – whether a miscarriage of justice resulted from the absence of any direction by the trial judge regarding opinion evidence – whether the verdicts are unreasonable and cannot be supported having regard to the evidence – whether leave should be granted to argue grounds pursuant to r 5531 Court Procedures Rules 2006 (ACT) – leave not granted – appeal dismissed.

Legislation Cited:

Court Procedures Rules 2006 (ACT) r 5531

Evidence Act 2011 (ACT) s 165
Evidence (Miscellaneous Provisions) Act 1991 (ACT) s 40F

Supreme Court Act 1933 (ACT) s 37O

Cases Cited:

BCM v The Queen (2013) 303 ALR 387

Bromley v The Queen (1986) 161 CLR 315
Dhanhoa v The Queen (2003) 217 CLR 1
Douglass v The Queen (2012) 86 ALJR 1086
Hoy Mobile Pty Ltd v Allphones Retail Pty Ltd (No 2) [2008] FCA 810

Korres v The Queen [2013] ACTCA 53
Libke v The Queen (2007) 230 CLR 559
Lithgow City Council v Jackson (2011) 244 CLR 352

Longman v The Queen (1989) 168 CLR 79
M v The Queen (1994) 181 CLR 487
Munro v The Queen [2014] ACTCA 11
Papakosmas v The Queen (1999) 196 CLR 297
R v Keenan (2009) 236 CLR 397
Shepherd v The Queen (1990) 170 CLR 573
SKA v The Queen (2011) 243 CLR 400
TKWJ v The Queen (2002) 212 CLR 124
W v R [2014] NSWCCA 110
Watson v Foxman (1995) 49 NSWLR 315

Texts Cited:

Ainat Panksy et al, ‘Eyewitness Recall and Testimony’ in Neil Brewer and Kipling D Williams (eds), Psychology and Law – An Empirical Perspective (Guilford Press, 2005) 93.

Judicial College of Victoria, Victorian Criminal Charge Book (29 June 2015), Part 4.13.1.

Peter McClellan, ‘Who is telling the truth? Psychology, common sense and the law’ (2006) 80 Australian Law Journal 655.

Parties:

TI (Appellant)

The Queen (Respondent)

Representation:

Counsel

Mr S Odgers SC (Appellant)

Mr J White SC (Respondent)

Solicitors

Bevan & Co Lawyers (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

ACTCA 58 of 2014

Decision under appeal: 

Court:  ACT Supreme Court

Before:  Ross J

Date of Decision:         29 August 2014

Case Title:  R v [TI]

Court File Number:      SCC 59 of 2013

Penfold J:

  1. I have had the opportunity to read the judgment of Burns…

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Details
AGLC
TI v The Queen [2015] ACTCA 62
Case
[2015] ACTCA 62
Decision Date

CaseChat Overview and Summary

The Court of Appeal of the Australian Capital Territory, constituted by Penfold, Burns and North JJ, heard an appeal by the applicant, TI, who had been convicted by a jury of an act of indecency on a young person. The appeal concerned whether a miscarriage of justice had occurred at trial.

The central legal issues before the Court of Appeal were whether the trial judge’s failure to provide a warning to the jury regarding the complainant’s evidence, and the absence of a direction concerning opinion evidence, constituted a miscarriage of justice. Additionally, the Court considered whether the jury’s verdicts were unreasonable and unsupported by the evidence. The applicant also sought leave to argue further grounds of appeal pursuant to rule 5531 of the Court Procedures Rules 2006 (ACT).

The Court of Appeal determined that no miscarriage of justice had occurred. It found that the grounds of appeal relating to the absence of a warning and a direction on opinion evidence were without merit. Furthermore, the Court concluded that the verdicts returned by the jury were reasonable and adequately supported by the evidence presented at trial. Consequently, leave to argue the additional grounds was refused.

Leave to argue grounds 1 and 2 of the appeal was refused under rule 5531 of the Court Procedures Rules 2006 (ACT), and the appeal was dismissed.

Orders

Orders of the court

Leave is refused under r 5531 of the Court Procedures Rules 2006 (ACT) with respect to Grounds of appeal 1 and 2.

The appeal is dismissed.

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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