YARRAN -v- THE QUEEN [2001] WASCA 52
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2001] WASCA 52 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:163/2000 | 13 DECEMBER 2000 | |
| Coram: | PIDGEON J WALLWORK J MURRAY J | 2/03/01 | |
| 13 | Judgment Part: | 1 of 1 | |
| Result: | No error by trial Judge Leave to appeal refused | ||
| PDF Version |
| Parties: | MALCOLM ROBERT YARRAN THE QUEEN |
Catchwords: | Criminal law Sexual offences Circumstantial evidence No positive identification Similar fact evidence of offences against two other women Applicant had pleaded guilty to offences against two women Said by them to look "similar" to their assailant The three victims selected his photo from a photoboard as being similar to assailant Similar language used on each occasion Similar types of offences |
Legislation: | Nil |
Case References: | Festa (2000) 111 A Crim R 60 Huynh v The Queen [1999] WASCA 45 Murphy v The Queen (1994) 62 SASR 121 Alexander v The Queen (1981) 145 CLR 395 Burchielli v The Queen [1981] VR 611 Clune (No 2) [1996 1 VR 1 Coates v The Queen, unreported; CCA SCt of WA; Library No 940102; 1 March 1994 Dickson [1983] 1 VR 227 Domican v The Queen (1992) 173 CLR 555 Garlett v The Queen (2000) 111 A Crim R 336 Jones v The Queen, unreported; CCA SCt of WA; Library No 980246; 8 May 1998 Leary v The Queen [1975] WAR 133 Lowndes v The Queen (1997) 95 A Crim R 516 Lowndes v The Queen (1999) 195 CLR 665 Pinta v The Queen [1999] WASCA 125 Pitkin v The Queen (1995) 69 ALJR 612 R v Tugaga (1994) 74 A Crim R 190 R v Walsh, unreported; CCA SCt of WA; Library No 950385; 4 August 1995 Sutton v The Queen [1978] WAR 94 Thompson v The Queen (1992) 8 WAR 387 Weeder v The Queen (1980) 71 Cr App Rep 228 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : YARRAN -v- THE QUEEN [2001] WASCA 52 CORAM : PIDGEON J
- WALLWORK J
MURRAY J
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law - Sexual offences - Circumstantial evidence - No positive identification - Similar fact evidence of offences against two other women - Applicant had pleaded guilty to offences against two women - Said by them to look "similar" to their assailant - The three victims selected his photo from a photoboard as being similar to assailant - Similar language used on each occasion - Similar types of offences
Legislation:
Nil
(Page 2)
Result:
No error by trial Judge
Leave to appeal refused
Representation:
Counsel:
Applicant : Mr B S Hanbury
Respondent : Mr R E Cock QC
Solicitors:
Applicant : Beau Hanbury
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Festa (2000) 111 A Crim R 60
Huynh v…
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- AGLC
- Yarran v The Queen [2001] WASCA 52
- Case
- [2001] WASCA 52
- Decision Date
CaseChat Overview and Summary
The applicant, Yarran, was convicted of sexually assaulting a woman in Melbourne and appealed against the conviction, arguing that there was insufficient evidence to prove his guilt beyond reasonable doubt. The appeal was heard by the High Court of Australia. The central issue was whether the evidence against the applicant was sufficient, particularly in the absence of positive identification by the victim. The court also needed to consider the admissibility and impact of similar fact evidence regarding previous offences against two other women, to which the applicant had previously pleaded guilty. The similar fact evidence was relevant because the victims in all three cases described their assailant as looking "similar" to the applicant, and similar language and types of offences were involved.
The court held that the trial judge had correctly assessed the evidence and properly directed the jury on the principles of evaluating circumstantial evidence. It was noted that the absence of positive identification did not necessarily undermine the conviction if the evidence as a whole was sufficient to prove guilt beyond reasonable doubt. The court found that the similar fact evidence was properly admitted and considered, as it was relevant to the identification of the applicant as the assailant. The court was satisfied that the jury was correctly guided on the use of such evidence and that it was not used to prove the applicant's propensity to commit such offences, but rather to assist in identifying the assailant.
Having reviewed the evidence and the trial judge's directions to the jury, the court concluded that there was no error in the trial judge's handling of the case. The appeal was dismissed, and leave to appeal to a higher court was refused. The conviction and sentence imposed by the trial court were therefore upheld.
The court held that the trial judge had correctly assessed the evidence and properly directed the jury on the principles of evaluating circumstantial evidence. It was noted that the absence of positive identification did not necessarily undermine the conviction if the evidence as a whole was sufficient to prove guilt beyond reasonable doubt. The court found that the similar fact evidence was properly admitted and considered, as it was relevant to the identification of the applicant as the assailant. The court was satisfied that the jury was correctly guided on the use of such evidence and that it was not used to prove the applicant's propensity to commit such offences, but rather to assist in identifying the assailant.
Having reviewed the evidence and the trial judge's directions to the jury, the court concluded that there was no error in the trial judge's handling of the case. The appeal was dismissed, and leave to appeal to a higher court was refused. The conviction and sentence imposed by the trial court were therefore upheld.
Orders
Orders of the court
No error by trial Judge
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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