WIMBRIDGE -v- THE QUEEN [2000] WASCA 117
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2000] WASCA 117 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:214/1999 | 2 FEBRUARY 2000 | |
| Coram: | PIDGEON J WALLWORK J MURRAY J | 5/05/00 | |
| 29 | Judgment Part: | 1 of 1 | |
| Result: | Leave Refused | ||
| PDF Version |
| Parties: | RONALD PATRICK WIMBRIDGE THE QUEEN |
Catchwords: | Criminal Law and Procedure Sexual penetration by a father of his daughter Convicted of two counts and acquitted of one Matter reported 4 years later Admission into evidence of uncharged acts of touching Whether relationship evidence Longman direction Whether necessary to direct it was unsafe to convict Directions as to absence of complaint, prior inconsistent statements and convictions of a defence witness Whether the verdicts were inconsistent Whether letters written by complainant and complainant's continuing association with her father made the convictions unsafe. Evidence Relationship evidence Use of evidence of uncharged acts of touching. |
Legislation: | Nil |
Case References: | Driscoll v The Queen (1977) 137 CLR 517 Hardingham v The Queen, unreported; CCA SCt of WA; Library No 940105; 3 March 1994 James v The Queen [2000] WASCA 100 Jones v The Queen (1997) 191 CLR 439 Kailis v The Queen (1991) 21 WAR 100 Kilby v The Queen (1973) 129 CLR 460 Longman v The Queen (1989) 168 CLR 79 R v Schmahl [1965] VR 745 R v Urbano (1983) 9 A Crim R 170 Broadhurst v The Queen [1964] AC 441 BRS v The Queen (1997) 191 CLR 275 Gipp v The Queen (1998) 194 CLR 106 HG v The Queen (1999) 160 ALR 554 KBT v The Queen (1997) 191 CLR 417 M v The Queen (1994) 181 CLR 487 MacKenzie v The Queen (1996) 190 CLR 348 Pemble v The Queen (1971) 124 CLR 107 R v Asplin [1999] WASCA 148 R v Beserick (1993) 30 NSWLR 510 R v Grech [1977] 2 VR 609 R v Kemp [1997] 1 Qd R 383 R v Kizon (1985) 18 A Crim R 59 R v McKellin [1998] 4 VR 757 R v Robertson [1998] 4 VR 30 R v Sorgenfrie (1981) 3 A Crim R 404 RM v The Queen, unreported; CCA SCt of WA; Library No 99083; 23 February 1999 Shepherd v The Queen (1990) 170 CLR 573 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : WIMBRIDGE -v- THE QUEEN [2000] WASCA 117 CORAM : PIDGEON J
- WALLWORK J
MURRAY J
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal Law and Procedure - Sexual penetration by a father of his daughter - Convicted of two counts and acquitted of one - Matter reported 4 years later - Admission into evidence of uncharged acts of touching - Whether relationship evidence - Longman direction - Whether necessary to direct it was unsafe to convict - Directions as to absence…
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- AGLC
- Wimbridge v The Queen [2000] WASCA 117
- Case
- [2000] WASCA 117
- Decision Date
CaseChat Overview and Summary
In the High Court, Wimbridge appealed against his convictions for sexual penetration of his daughter. The trial judge had acquitted him of a third count. The appeal against conviction was lodged four years after the trial. The court had to determine whether evidence of uncharged acts of touching by the appellant to his daughter should have been admitted as relationship evidence, and if a Longman direction was necessary. The court also needed to assess if it was unsafe to convict given the complainant's continuing association with the appellant and her letters to him. Furthermore, the court considered whether the verdicts were inconsistent and if directions regarding the absence of complaint, prior inconsistent statements, and convictions of a defence witness were appropriate.
The court held that evidence of uncharged acts of touching was admissible as relationship evidence and did not require a Longman direction. The relationship evidence was relevant to prove the appellant's intent and the complainant's state of mind. The court found that the trial judge did not err in admitting this evidence. The court also held that there was no basis for a Longman direction, as the evidence did not suggest the complainant was more likely to fabricate the allegations. The verdicts were not inconsistent, as they related to different incidents of sexual penetration. The court further found that the complainant's continuing association with the appellant and her letters did not make the convictions unsafe. The trial judge's directions regarding the absence of complaint, prior inconsistent statements, and the convictions of a defence witness were proper.
The court held that evidence of uncharged acts of touching was admissible as relationship evidence and did not require a Longman direction. The relationship evidence was relevant to prove the appellant's intent and the complainant's state of mind. The court found that the trial judge did not err in admitting this evidence. The court also held that there was no basis for a Longman direction, as the evidence did not suggest the complainant was more likely to fabricate the allegations. The verdicts were not inconsistent, as they related to different incidents of sexual penetration. The court further found that the complainant's continuing association with the appellant and her letters did not make the convictions unsafe. The trial judge's directions regarding the absence of complaint, prior inconsistent statements, and the convictions of a defence witness were proper.
Orders
Orders of the court
Leave Refused
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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