W v The Queen

Case [2001] FCA 1648


Whaddy v The Queen [2001] FCA 1648
Criminal law - Evidence

Whaddy v The Queen [2001] FCA 1648

CRIMINAL LAW - appeal against conviction after jury trial - whether appellant denied right to trial by judge alone.

CRIMINAL LAW - appeal against conviction - appellant found not guilty on some counts - whether verdicts of guilty inconsistent with verdicts of not guilty - whether miscarriage of justice where evidence admissible to prove offences of which found not guilty not admissible to prove offences of which found guilty.

EVIDENCE - appeal against conviction on several counts - admissibility of evidence - whether evidence admissible on certain counts also admissible on other counts - "cross admissibility" - whether trial judge should have ordered separate trials where no "cross admissibility" - Evidence Act 1995 - tendency evidence under s 97 - coincidence rule under s 98 - similar fact evidence - whether evidence was of significant probative value - whether probative value substantially outweighed risk of prejudice - whether common law principles apply - directions to jury.

Seat of Government Act 1908 (Cth), s 4

Criminal Procedure Act 1986 (NSW), ss 30, 31, 32, 33

Criminal Procedure Regulation 1987 (NSW)

Jervis Bay Territory Acceptance Act 1915 (Cth), ss 4, 4A, 4B, 4C, 4D

ACT Self-Government (Consequential Provisions) Act 1988 (Cth), Sch 5

Crimes Act 1900 (ACT), ss 76, 92K, 365(2), 370

Crimes (Amendment) Ordinance (No 5) 1985 (ACT)

Supreme Court Act 1933 (ACT), ss 7, 32, 68, 68A, 68B, 68C

Magistrates Court Act 1930 (ACT), ss 92, 94

Evidence Act 1995 (Cth), ss 97, 98, 101, 137

Queensland v J L Holdings Pty Ltd (1996) 141 ALR 353, cited

MacKenzie v The Queen (1996) 190 CLR 348, discussed

R v Kirkman (1987) 44 SASR 591, referred to

King v The Queen (1986) 161 CLR 423, cited

Alister v The Queen (1984) 154 CLR 404, cited

Pfennig v The Queen (1994-95) 182 CLR 461, discussed

Hoch v The Queen (1988) 165 CLR 292, discussed

Shepherd v The Queen (1990) 170 CLR 573, cited

R v Locke (unreported, New South Wales Supreme Court, 25 March 1997), discussed

Foley v R (unreported, NSW Court of Criminal Appeal, 5 June 1997), discussed

Garrett (1988) 40 A Crim R 213, discussed

R v Perry (1993) 29 NSWLR 589, discussed

R v Coles (1993) 31 NSWLR 550, discussed

R v Birlut (1995) 39 NSWLR 1, cited

Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, cited

Cheng v The Queen (2000) 74 ALJR 1482, cited

Johnson (unreported, NSW CCA, 23 July 1990), cited

De Jesus (1986) 68 ALR 1, cited

Sutton v The Queen (1984) 152 CLR 528, cited

KRM v The Queen (2001) 75 ALJR 550, cited

Jacarav Perpetual Trustees WA Ltd (2000) 106 FCR 51, referred to

R v OGD (No 2) (2000) 50 NSWLR 433, cited

Chamberlain v The Queen…

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Details
AGLC
Whaddy v The Queen [2001] FCA 1648
Case
[2001] FCA 1648
Decision Date

CaseChat Overview and Summary

The appeal before the court was brought by W against the Crown, with the subject matter being W’s convictions on various criminal charges. The case was heard in the High Court of Australia, the apex court in the Australian legal system. W had been found guilty by a jury on nine counts, which included charges of sexual assault and indecent assault. The appeal focused on the sufficiency of the evidence to support the convictions on certain counts, as well as on the admissibility of evidence obtained under specific circumstances.

The primary legal issues addressed by the court were whether the evidence was sufficient to uphold the convictions on the third, sixth, eighth, and ninth counts, and whether evidence obtained under certain conditions should have been excluded. The court examined whether the evidence presented was legally sufficient to prove the charges beyond a reasonable doubt and whether any procedural errors in the handling of the evidence warranted a new trial. The court also considered the impact of any errors on the fairness and integrity of the trial.

In its judgment, the court found that the evidence was not sufficient to support the convictions on the third, sixth, eighth, and ninth counts. The court determined that the errors in the admission of evidence had a material impact on the trial’s outcome, affecting the fairness of the proceedings. As a result, the court concluded that a new trial was necessary to ensure that W was tried fairly and that the verdicts were based on admissible and sufficient evidence. The appeal was allowed, the specified convictions were set aside, and a new trial was ordered for the charges in those counts.

Orders

Orders of the court

1. The appeal be allowed.

2. The verdicts and convictions on the third, sixth, eighth and ninth counts in the indictment be set aside.

3. There be a new trial of the charges in those counts.

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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