W v R

Case [2014] NSWCCA 110


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: W v R [2014] NSWCCA 110
Hearing dates:18 March 2014
Decision date: 18 July 2014
Before: Bathurst CJ at [1]; Hoeben CJ at CL at [196]; Bellew J at [197]
Decision:

(1)Leave to appeal against conviction and sentence granted.

(2)Appeal dismissed.

Catchwords:

CRIMINAL - Subramaniam direction -whether obligation to give direction - Mental Health (Forensic Provisions) Act, s 21

CRIMINAL - Longman warning - judge alone trial - whether obligation to give warning - Evidence Act, s 165B

CRIMINAL - Murray direction - whether direction given was followed - judge alone trial - judgment must adequately expose reasoning process - justice to be seen to be done - mere incantation of warning and directions insufficient

CRIMINAL - conviction - whether verdict unsafe and unsatisfactory - whether open to judge to be satisfied beyond reasonable doubt as to the appellant's guilt on the evidence - advantage of hearing and seeing evidence at trial

CRIMINAL - sentencing - failure to take into account mental state at time of offences -expressly eschewed by counsel at trial - lack of evidence as to mental state

CRIMINAL - sentencing - whether manifestly excessive
Legislation Cited: Crimes Act 1900 (NSW), ss 61M, 61J, 61P, 66C and 66D
Criminal Procedure Act 1986 (NSW), ss 33 and 133
Evidence Act 1995 (NSW), ss 9, 165A and 165B
Mental Health (Forensic Provisions) Act 1900 (NSW), ss 21, 21A, 21B, 22 and 23
Cases Cited: Alchin v Daley [2009] NSWCA 418
Barbaro v The Queen [2014] HCA 2; (2014) 88 ALJR 372
Beldon v R [2012] NSWCCA 194
CJ v Regina [2012] NSWCCA 258
Crampton v The Queen [2000] HCA 60; (2000) 206 CLR 161
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1
Doggett v The Queen [2001] HCA 46; (2001) 208 CLR 343
EK v The Queen [2010] NSWCCA 199; (2010) 79 NSWLR 740
Fleming v The Queen [1998] HCA 68; (1998) 197 CLR 250
Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520
House v The King [1936] HCA 40; (1936) 55 CLR 499
Libke v The Queen [2007] HCA 30; (2007) 230 CLR 559
Longman v The Queen [1989] HCA 60; (1989) 168 CLR 79
M v The Queen [1994] HCA 63; (1994) 181 CLR 487
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
MFA v The Queen [2002] HCA 53; (2002) 213 CLR 606
Pettitt v Dunkley (1971) 1 NSWLR 376
R v BWT [2002] NSWCCA 60; (2002) 54 NSWLR 241
R v Keyte [2000] SASC 382; (2000) 78 SASR 68
R v Murray (1987) 11 NSWLR 12
R v Power [2003] SASC 77; (2003) 141 A Crim R 203
R v TJ [2009] NSWCCA 257; (2009) 76 NSWLR…

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W v R [2014] NSWCCA 110
Case
[2014] NSWCCA 110
Decision Date

CaseChat Overview and Summary

In the matter of W v R, the appellant sought to appeal against his conviction and sentence. The dispute centred around several critical issues, including the adequacy of directions given by the trial judge and the safety of the conviction. The case was heard in the New South Wales Court of Criminal Appeal, which reviewed the lower court's handling of the trial and sentencing process.

The primary legal issues the court addressed were whether the trial judge was obligated to provide a Subramaniam direction under the Mental Health (Forensic Provisions) Act, a Longman warning under the Evidence Act regarding a judge alone trial, and a Murray direction to ensure the judgment adequately exposed the reasoning process. The court also considered whether the conviction was unsafe and unsatisfactory, given the appellant's mental state at the time of the offences and the adequacy of the sentencing.

The court found that there was no obligation for the trial judge to provide a Subramaniam direction, as the appellant's counsel had expressly eschewed the consideration of mental state at trial. Regarding the Longman warning and Murray direction, the court determined that while the judge did provide the Longman warning, the direction was not adequately followed as it was insufficient beyond a mere incantation. The court noted that the advantage of hearing and seeing the evidence at trial played a crucial role in satisfying the judge beyond reasonable doubt as to the appellant's guilt. Lastly, concerning sentencing, the court observed that the trial judge failed to take into account the appellant's mental state at the time of the offences, which was not addressed due to a lack of evidence. However, the court found the sentence was not manifestly excessive.

The court concluded that the verdict was safe and satisfactory, and the sentence was not manifestly excessive. Consequently, the appeal was dismissed, and the original conviction and sentence were upheld.

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

HOEBEN CJ

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Ratio Decidendi

Legal Principle Established

Established by: HOEBEN CJ

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