TJ v The Queen

Case [2009] NSWCCA 257


Reported Decision: 197 A Crim R 50876 NSWLR 167

New South Wales


Court of Criminal Appeal

CITATION: TJ v R [2009] NSWCCA 257
This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 26 June 2009
 
JUDGMENT DATE: 

21 October 2009
JUDGMENT OF: McClellan CJatCL at 1; Hidden J at 76; McCallum J at 84
DECISION: By majority: appeal dismissed
CATCHWORDS: CRIMINAL LAW - appeal - appeal against conviction - sexual assault - particular grounds of appeal - misdirection and non-direction - direction where accused disadvantaged by delay in complaint - whether Longman warning adequate - requirements of Longman warning - whether a warning required in terms - whether particular words required - INTERPRETATION - amendment to s 294 Criminal Procedure Act - transitional provisions - transitional provisions not to apply to proceedings commenced before the commencement of the amendments - when proceedings commence - WORDS & PHRASES - "proceedings" - "caution" - "warning" - "in terms"
LEGISLATION CITED: Criminal Procedure Act 1986
Criminal Procedure Amendment (Sexual and Other Offences) Act 2006
Crimes Act 1958 (Vic)
Evidence Act 1995
Evidence Act 1906 (WA)
CATEGORY: Principal judgment
CASES CITED: Allerton v Director of Public Prosecutions (1991) NSWLR 24 550
Angliss v The State of Western Australia [2005] WASCA 162
Carroll v The State of Western Australia [2004] WASCA 254
Christophers v The Queen [2000] WASCA 308; (2000) 23 WAR 106
Crampton v The Queen [2001] HCA 60; (2000) 206 CLR 161
Crisafio v R [2003] WASCA 104; (2003) 27 WAR 169
Doggett v R [2001] HCA 46; (2001) 208 CLR 343
DPW v R [2006] NSWCA 295; 164 A Crim R 583
DRE v R [2006] NSWCCA 280; (2006) 164 A Crim R 400
Dyers v The Queen (2002) HCA 45; (2002) 210 CLR 285
Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89
Gilham v The Queen [2007] NSWCCA 323; (2007) 178 A Crim R 72
JJB v R [2006] NSWCCA 126; (2006) 161 A Crim R 187
Longman v The Queen (1989) HCA 60; (1989) 168 CLR 79
R v BDX [2009] VSCA 28; (2009) 194 A Crim R 57
R v BWT [2002] NSWCCA 60; (2002) 54 NSWLR 241
R v Channell [2002] NSWCCA 187
R v DBG [2002] NSWCCA 328
R v GEA [2002] NSWCCA 222
R v GS [2003] NSWCCA 73
R v Halmi [2005] NSWCCA 2; (2005) 62 NSWLR 263
R v Hull (1989) 16 NSWLR 385
R v Janceski [2005] NSWCCA 281, 64 NSWLR 10
R v Johnston (1998) 45 NSWLR 362
R v Kesisyan [2003] NSWCCA 259
R v Lyberoupolos [2002] NSWCCA 280
R v Nicolaidis (1994) 33 NSWLR 362
R v SJB [2002] NSWCCA 163
R v Taylor (No 2) (2008) 18 VR 613
R v Taylor [2003] NSWCCA 194
R v WRC [2002] NSWCCA 210; (2002) 130 A Crim R 89
R v WSP [2005]…

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TJ v The Queen [2009] NSWCCA 257
Case
[2009] NSWCCA 257
Decision Date

CaseChat Overview and Summary

In the case of TJ v The Queen, the appellant, TJ, sought to appeal his conviction for sexual assault. The appeal was heard in the High Court of Australia. The primary focus of the appeal was whether the trial judge's directions to the jury were adequate in light of the delay between the alleged assault and the complaint made by the complainant. Specifically, the appeal challenged the trial judge's decision not to give a particularised direction, commonly referred to as a Longman warning, concerning the potential impact of the delay on the reliability of the complainant's evidence.

The legal issues before the court revolved around the adequacy of the Longman warning given by the trial judge. The appellant argued that the warning was insufficient because it did not specifically address the prejudice that may have arisen from the delay in reporting the offence. The court was required to determine whether the warning was adequate in terms of informing the jury of the potential prejudice arising from the delay, and whether the particularised Longman warning was necessary in the circumstances of this case. Additionally, the court had to interpret the transitional provisions of the amended Criminal Procedure Act to determine whether they applied to proceedings that had commenced before the amendments were made.

The High Court found that the trial judge's Longman warning was adequate as it sufficiently alerted the jury to the potential prejudice caused by the delay in reporting the offence. The court held that the warning did not need to be given in specific terms or use particular words to be considered adequate. The court also ruled that the transitional provisions of the amended Criminal Procedure Act did not apply to proceedings that had commenced before the amendments, clarifying that the commencement of proceedings is determined by the filing of the indictment or the apprehension of the accused. As a result, the appeal was dismissed.

Orders

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Background

Background to the litigation

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Decision

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Ratio Decidendi

Legal Principle Established

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