| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2023 0034 |
| WILLIAM JAMES (a pseudonym)[1] | Applicant |
| v | |
| THE KING | Respondent |
[1]To avoid the possibility of identifying the alleged victim of a sexual offence, this judgment has been anonymised by the adoption of a pseudonym in place of the name of the applicant.
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| JUDGES: | EMERTON P, PRIEST and KAYE JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 27 May 2024 |
| DATE OF JUDGMENT: | 27 May 2024 |
| DATE OF REASONS: | 30 May 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 114 |
| JUDGMENT APPEALED FROM: | DPP v [James] [2023] VCC 150 (Judge Hawkins) |
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CRIMINAL LAW – Appeal – Conviction – Rape, intentionally causing injury and common assault – Whether judge’s answer to jury question as to dates caused miscarriage of justice – Whether impermissible for complainant in re-examination to read whole police statement aloud after cross-examination on part of contents – Whether verdicts inconsistent or unsafe and unsatisfactory – Leave to appeal refused.
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| Counsel | |||
| Applicant: | Mr R Barton | ||
| Respondent: | Mr R Gibson KC | ||
Solicitors | |||
| Applicant: | Peter Baker & Associates | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
EMERTON P
PRIEST JA
KAYE JA:
Introduction
An indictment filed in the County Court charged the applicant with intentionally causing injury[2] (one charge – charge 1); common assault[3] (four charges – charges 2, 4, 7 and 9); rape[4] (three charges – charges 3, 6 and 8); and making a threat to kill[5] (one charge – charge 5).
[2]Crimes Act 1958, s 18. The maximum penalty is 10 years’ imprisonment.
[3]Contrary to common law. The maximum penalty is 5 years’ imprisonment.
[4]Crimes Act 1958, s 38 (as amended by the Crimes Amendment (Sexual Offences) Act 2016). The maximum penalty is 25 years’ imprisonment.
[5]Crimes Act 1958, s 20. The maximum penalty is 10 years’ imprisonment.
Following a trial, the jury empanelled to try the applicant found him guilty of charge 1, and charges 6, 7, 8 and 9, but found him not guilty on charges 3, 4 and 5.[6]
[6]Subsequently, the judge sentenced the applicant to 12 months’ imprisonment on charge 1 (intentionally causing injury); 9 years’ imprisonment on each of charges 6 and 8 (rape); and 6 months’ imprisonment on each of charges 7 and 9 (common assault). Orders for cumulation resulted in a total effective sentence of 9 years and 9 months’ imprisonment, upon which the judge fixed a non-parole period of 6 years and 3 months.
The applicant sought leave to appeal against his conviction on charges 6, 7, 8 and 9,[7] relying on three proposed grounds:
1 The learned trial judge erred in her answer to a question of the jury about the dates relating to evidence of the alleged offending on Charges 8 and 9.
2 The verdicts on charges 8 and 9 are unsafe and unsatisfactory and are inconsistent with the acquittals on charges 3 and 4.
3 The trial of charges 6 and 7 miscarried by the complainant reading her police statement 5…
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- AGLC
- William James (a pseudonym)[1] v The King [2024] VSCA 114
- Case
- [2024] VSCA 114
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to address were whether the trial judge's response to a jury question regarding the dates of the alleged offences caused a miscarriage of justice, whether it was permissible for the complainant to read her entire police statement during re-examination after being cross-examined on parts of it, and whether the verdicts were inconsistent or unsafe and unsatisfactory. The appellant argued that the judge's answer to the jury's question was misleading and prejudicial, that the complainant's reading of the entire police statement was improper, and that the verdicts were inconsistent and not based on sufficient evidence.
The High Court found that the trial judge's response to the jury's question was not such as to cause a miscarriage of justice, as it did not mislead or prejudice the jury. The court also held that it was not improper for the complainant to read her entire police statement during re-examination, as it was within the trial judge's discretion to allow this. The court further determined that the verdicts were neither inconsistent nor unsafe and unsatisfactory, as there was sufficient evidence to support the jury's findings. As a result, the High Court refused the appellant's application for leave to appeal.
In conclusion, the High Court upheld the appellant's conviction and sentence for the offences of rape, intentionally causing injury, and common assault. The court found that the trial judge's handling of the jury's question, the complainant's reading of her police statement during re-examination, and the consistency and safety of the verdicts did not warrant an appeal. The appellant's application for leave to appeal was therefore refused.
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