Monteiro v R; R v Monteiro [2011] NSWCCA 113

Monteiro v R; R v Monteiro [2011] NSWCCA 113

Having regard to the entirety of the evidence, including the complainant's credibility, corroborative evidence, and the limitations of the appellant's arguments and instructions to counsel, the jury was entitled to convict; there was no flagrant incompetence or miscarriage from defence conduct; errors as to conditional liberty and mental health did not render the sentence manifestly excessive or inadequate; no miscarriage resulted from fresh evidence.

Jurisdiction
Australia
Judgment Date
17 May 2011
Procedural Posture
Criminal Appeal / Judgment on Conviction and Sentence Appeals
Outcome
Appeal against conviction dismissed. Leave to appeal against sentence granted, appeal dismissed. Crown appeal dismissed.
Legal Topics
['particular Offences' 'offences Against the Person' 'sexual Offences' 'aggravated Sexual Assault' 's 61 J Crimes Act 1900' 'property Offences' 'malicious Damage' 'stealing' 'appeal Against Conviction' 'trial by Jury' 'unrepresented Applicant' 'unreasonable Verdict' 'credibility of Complainant' 'fresh Evidence' 'conduct of Defence Counsel' 'forensic Judgment' 'application for Leave to Appeal Against Sentence' 'manifest Excess' 'manifest Inadequacy' 'special Circumstances' 'non Parole Period']
['criminal Law'] ['particular Offences' 'offences Against the Person' 'sexual Offences' 'aggravated Sexual Assault' 's 61 J Crimes Act 1900' 'property Offences' 'malicious Damage' 'stealing' 'appeal Against Conviction' 'trial by Jury' 'unrepresented Applicant' 'unreasonable Verdict' 'credibility of Complainant' 'fresh Evidence' 'conduct of Defence Counsel' 'forensic Judgment' 'application for Leave to Appeal Against Sentence' 'manifest Excess' 'manifest Inadequacy' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Conviction and Sentence Appeals

Legal Issues

  1. 1 ['Whether the conviction was unreasonable or cannot be supported by the evidence' "Whether defence counsel's conduct or alleged incompetence caused a miscarriage of justice" 'Appropriateness and adequacy of the sentence imposed' 'Whether there was an error regarding findings of conditional liberty and causal connection of mental illness to offending' 'Whether fresh evidence should lead to revisitation of conviction']

Ratio Decidendi

Having regard to the entirety of the evidence, including the complainant's credibility, corroborative evidence, and the limitations of the appellant's arguments and instructions to counsel, the jury was entitled to convict; there was no flagrant incompetence or miscarriage from defence conduct; errors as to conditional liberty and mental health did not render the sentence manifestly excessive or inadequate; no miscarriage resulted from fresh evidence.

Court Disposition

Appeal against conviction dismissed. Leave to appeal against sentence granted, appeal dismissed. Crown appeal dismissed.

Orders

  • ['Appeal against conviction dismissed.' 'Leave to appeal against sentence granted, appeal dismissed.' 'Crown appeal dismissed.']