Woods v The Queen

Case [2003] WASCA 252


WOODS -v- THE QUEEN [2003] WASCA 252



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2003] WASCA 252
COURT OF CRIMINAL APPEAL24/10/2003
Case No:CCA:18/20034 SEPTEMBER 2003
Coram:MURRAY ACJ
STEYTLER J
HASLUCK J
4/09/03
15Judgment Part:1 of 1
Result: Leave to appeal refused
B
PDF Version
Parties:IAN DUDLEY WOODS
THE QUEEN

Catchwords:

Criminal law
Appeal against conviction
Sexual penetration offences
Whether verdicts unsafe and unsatisfactory
Inconsistencies in complainant's evidence
Leave to appeal refused

Legislation:

Criminal Code, s 689

Case References:

Allegretta v The Queen [2003] WASCA 17
Christophers v The Queen (2000) 23 WAR 106
Crisafio v The Queen [2003] WASCA 104
James v The Queen [2000] WASCA 100
Jones v The Queen (1997) 191 CLR 439
Longman v The Queen (1989) 168 CLR 79
M v The Queen (1994) 181 CLR 487. ,
Morris v The Queen (1987) 163 CLR 454
Mraz v The Queen (1955) 93 CLR 493

Bromley v The Queen (1986) 161 CLR 315
Carr v The Queen (1988) 165 CLR 314
Crampton v The Queen (2000) 206 CLR 161
Doggett v The Queen (2001) 208 CLR 343
Gipp v The Queen (1998) 194 CLR 106
Glennon v The Queen (1994) 179 CLR 1
Kailis v The Queen (1999) 21 WAR 100
MFA v The Queen (2002) 193 ALR 184
R v BWT (2002) 54 NSWLR 241
R v Spencer [1987] 1 AC 128
Salman v The Queen [2001] WASCA 237
Vrisakis v Australian Securities Commission (1993) 9 WAR 395
Wilde v The Queen (1988) 164 CLR 365

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : WOODS -v- THE QUEEN [2003] WASCA 252 CORAM : MURRAY ACJ
    STEYTLER J
    HASLUCK J
HEARD : 4 SEPTEMBER 2003 DELIVERED : 4 SEPTEMBER 2003

PUBLISHED : 24 OCTOBER 2003 FILE NO/S : CCA 18 of 2003 BETWEEN : IAN DUDLEY WOODS
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Appeal against conviction - Sexual penetration offences - Whether verdicts unsafe and unsatisfactory - Inconsistencies in complainant's evidence - Leave to appeal refused




Legislation:

Criminal Code, s 689



(Page 2)

Result:

Leave to appeal refused




Category: B


Representation:


Counsel:


    Applicant : Mr I D Hope
    Respondent : Mr B Fiannaca


Solicitors:

    Applicant : Ian Hope
    Respondent : State Director of Public Prosecutions



Case(s) referred to in judgment(s):

Allegretta v The Queen [2003] WASCA 17
Christophers v The Queen (2000) 23 WAR 106
Crisafio v The Queen [2003] WASCA 104
James v The Queen [2000] WASCA 100
Jones v The Queen (1997) 191 CLR 439
Longman v The Queen (1989) 168 CLR 79
M v The Queen (1994) 181 CLR 487
Morris v The Queen (1987) 163 CLR 454
Mraz v The Queen (1955) 93 CLR 493

Case(s) also cited:



Bromley v The Queen (1986) 161 CLR 315
Carr v The Queen (1988) 165 CLR 314
Crampton v The Queen (2000) 206 CLR 161
Doggett…

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Details
AGLC
Woods v The Queen [2003] WASCA 252
Case
[2003] WASCA 252
Decision Date

CaseChat Overview and Summary

The appeal concerns the conviction of Woods on multiple counts of sexual penetration offences against a complainant. The decision was handed down by the High Court of Australia, which reviewed the case following an appeal by the defendant. The central issue before the Court was whether the verdicts reached by the jury were unsafe and unsatisfactory, given the inconsistencies in the complainant's evidence. This was particularly pertinent in light of the high threshold required for such an appeal to be successful.

The Court considered the nature and extent of the inconsistencies in the complainant's evidence, along with other factors such as the credibility of the witnesses and the overall body of evidence presented at trial. It examined whether the inconsistencies were significant enough to undermine the jury's conclusions and whether any reasonable jury, properly directed, could have reached the same verdicts based on the evidence presented. The Court also evaluated the trial judge's directions to the jury regarding the evaluation of the complainant's testimony.

The Court found that the inconsistencies in the complainant's evidence, while notable, did not render the verdicts unsafe and unsatisfactory. It concluded that the jury had been properly directed and that there was sufficient evidence to support their findings. The Court further held that any inconsistencies did not go to the heart of the case or affect the reliability of the evidence. Consequently, the appeal was dismissed, and leave to appeal was refused.

Orders

Orders of the court

Leave to appeal 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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