R v SCOTT [2004] NSWCCA 254

R v SCOTT [2004] NSWCCA 254

A substantial part of the Crown Prosecutor’s cross-examination of the appellant was inadmissible because it attacked credibility on irrelevant matters or without satisfying the requirements of the Evidence Act; the closing address and trial judge’s directions failed to provide the caution and alternatives mandated by authority when inconsistencies between defence cross-examination and the accused’s evidence arise; accordingly, the appellant’s trial was affected by a miscarriage of justice and the conviction should be quashed with a new trial ordered.

Jurisdiction
Australia
Judgment Date
30 July 2004
Procedural Posture
Criminal Appeal / Appeal From Conviction in District Court
Outcome
Appeal allowed
Legal Topics
['cross Examination of Accused' 'credibility in Criminal Trials' 'browne V Dunn Rule' 'directions to Jury Regarding Inconsistent Evidence' 'delay in Complaint of Sexual Assault' 'longman Warning']
['criminal Law'] ['cross Examination of Accused' 'credibility in Criminal Trials' 'browne V Dunn Rule' 'directions to Jury Regarding Inconsistent Evidence' 'delay in Complaint of Sexual Assault' 'longman Warning']

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Procedural Posture

Criminal Appeal / Appeal From Conviction in District Court

Legal Issues

  1. 1 ['Whether the cross-examination of the appellant by the Crown prosecutor created a miscarriage of justice' "Whether the trial judge's failure to give a full Longman warning constituted a miscarriage of justice"]

Ratio Decidendi

A substantial part of the Crown Prosecutor’s cross-examination of the appellant was inadmissible because it attacked credibility on irrelevant matters or without satisfying the requirements of the Evidence Act; the closing address and trial judge’s directions failed to provide the caution and alternatives mandated by authority when inconsistencies between defence cross-examination and the accused’s evidence arise; accordingly, the appellant’s trial was affected by a miscarriage of justice and the conviction should be quashed with a new trial ordered.

Court Disposition

Appeal allowed

Orders

  • ['Appeal allowed' 'Conviction and sentence in respect of homosexual intercourse charge quashed' 'New trial ordered on that charge' 'Commencement date of sentences for three charges of indecent assault and one charge of inciting a person under 16 to commit act of indecency varied to 3 December 2001']