SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2019 0083
| CLINTON JAMES TUITE | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | MAXWELL P, PRIEST and WEINBERG JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 5 November 2020 |
| DATE OF JUDGMENT: | 9 December 2020 |
| MEDIUM NEUTRAL CITATION: | [2020] VSCA 318 |
| JUDGMENT APPEALED FROM: | [2019] VSC 159 (Hollingworth J) |
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CRIMINAL LAW – Appeal – Conviction – Aggravated burglary – Attempted rape –Intentionally causing injury – Indecent assault – DNA detected on several items at crime scene – High likelihood ratio that applicant contributed to several DNA profiles – Whether prosecution excluded reasonable possibility of contamination – Whether convictions unsafe and unsatisfactory – Whether judge erred in directions to jury – Path to conviction open to jury – No misdirection by trial judge – Leave to appeal refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant: | Mr A P Lewis and Ms S Locke | Doogue + George Defence Lawyers |
| For the Respondent: | Dr N Rogers SC with Ms J Warren | Ms A Hogan, Solicitor for Public Prosecutions |
MAXWELL P
PRIEST JA
WEINBERG JA:
On 11 October 2018, following a trial that ran for 47 sitting days, the applicant was found guilty by a Supreme Court jury of charges of aggravated burglary, attempted rape, indecent assault, and intentionally causing injury. The offending that gave rise to those charges occurred in 2007. This was the applicant’s second trial, the first having been aborted after some seven weeks of hearing.
On 22 March 2019, the applicant was sentenced to a total effective term of 10 years and 2 months’ imprisonment, with a non-parole period of 7 years.[1] By notice dated 29 April 2019, the applicant now seeks leave to appeal against conviction. He relies upon the following proposed grounds:
Ground 1:The verdict of the jury was unreasonable and/or cannot be supported having regard to the evidence[.][2]
Ground 2:The learned trial judge erred in directing the jury that before the jury could convict they would need to be satisfied beyond reasonable doubt that the applicant’s DNA was deposited on one of the cigarette butts, the blindfold, or the cable ties, and that it was deposited in incriminating circumstances.[3]
[1]See generally, DPP v Tuite [2019] VSC 159.
[2]We shall refer to this as the ‘unsafe and unsatisfactory ground’.
[3]We shall refer to this as the ‘misdirection ground’.
For reasons that follow, we would refuse leave to appeal.
Circumstances surrounding the commission of the offences
At about 2:30 am, on Saturday, 13 October 2007, the victim, ‘Jasmine Belmont’,[4] returned home from work. She lived on her own, in a unit in Chirnside Park. She drove into her garage, and closed the roller door behind her. She entered her unit, and then locked both the flyscreen and the front door.
[4]A pseudonym.
Sometime later, Ms Belmont heard a faint noise coming from somewhere within the unit. She described it as sounding like ‘paper rustling’, but dismissed it at the time as nothing more than an insect buzzing. She showered and…
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- AGLC
- Tuite v The Queen [2020] VSCA 318
- Case
- [2020] VSCA 318
- Decision Date
CaseChat Overview and Summary
The High Court found that the trial judge did not err in allowing the jury to consider the DNA evidence. The court held that the prosecution had excluded the reasonable possibility of contamination, and the DNA evidence was properly admitted. The court emphasised that the likelihood ratio of the DNA evidence was strong and that the jury was adequately directed on the considerations they needed to make regarding the DNA evidence. The court also found that the trial judge did not misdirect the jury on any material issue, and the path to conviction remained open to them. Consequently, the convictions were deemed safe and satisfactory.
Given the findings, the High Court concluded that Tuite's appeal was without merit. The court found no error in the trial judge's handling of the DNA evidence or his directions to the jury. Therefore, the convictions and sentences imposed by the lower court were upheld, and Tuite's leave to appeal was refused. The court's decision affirmed the importance of proper handling and presentation of DNA evidence in criminal trials, ensuring that juries are correctly guided in their deliberations.
Orders
Orders of the court
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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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