Daniel Gerard OLDFIELD v REGINA [2006] NSWCCA 219

Daniel Gerard OLDFIELD v REGINA [2006] NSWCCA 219

The guilty verdicts on counts 1 and 3 were not unreasonable merely because of acquittals on counts 2 and 4, and the additional credibility direction was not required on the evidence. However, the Crown repeatedly raised failures to put matters to the complainant, including unwarranted matters, and used the issue in address; because the tampon evidence was significant to the contest between the complainant and appellant, the jury required a warning that counsel's omissions might have explanations not adverse to the appellant's credibility. The absence of that warning caused a miscarriage of justice. The Court was not able to conclude that the properly admitted evidence proved guilt beyond...

Jurisdiction
Australia
Judgment Date
25 July 2006
Procedural Posture
Criminal Appeal Against Conviction / Appeal in the New South Wales Court of Criminal Appeal From District Court Convictions After Jury Trial
Outcome
Appeal allowed, convictions quashed and a new trial ordered.
Legal Topics
['aggravated Sexual Assault' 'inconsistent Verdicts' 'jury Directions' 'failure to Put Instructions to Complainant' 'cross Examination of Accused' 'miscarriage of Justice' 'criminal Appeal Proviso']
['criminal Law' 'criminal Procedure' 'evidence'] ['aggravated Sexual Assault' 'inconsistent Verdicts' 'jury Directions' 'failure to Put Instructions to Complainant' 'cross Examination of Accused' 'miscarriage of Justice' 'criminal Appeal Proviso']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Appeal in the New South Wales Court of Criminal Appeal From District Court Convictions After Jury Trial

Legal Issues

  1. 1 ['Whether the guilty verdicts on counts 1 and 3 were unreasonable or unsupported in light of the not guilty verdicts on counts 2 and 4.' "Whether the trial judge was required to direct the jury that reasonable doubt about one or more counts had to be taken into account in assessing the complainant's reliability and truthfulness generally." "Whether a miscarriage of justice occurred because the appellant's counsel did not properly put the appellant's instructions to the complainant." 'Whether inadmissible or unfair cross-examination by the Crown Prosecutor about matters not put to the complainant caused a miscarriage of justice.' 'Whether the proviso to s 6(1) of the Criminal Appeal Act 1912 should be applied.']

Ratio Decidendi

The guilty verdicts on counts 1 and 3 were not unreasonable merely because of acquittals on counts 2 and 4, and the additional credibility direction was not required on the evidence. However, the Crown repeatedly raised failures to put matters to the complainant, including unwarranted matters, and used the issue in address; because the tampon evidence was significant to the contest between the complainant and appellant, the jury required a warning that counsel's omissions might have explanations not adverse to the appellant's credibility. The absence of that warning caused a miscarriage of justice. The Court was not able to conclude that the properly admitted evidence proved guilt beyond...

Court Disposition

Appeal allowed, convictions quashed and a new trial ordered.

Orders

  • ['Appeal allowed.' 'Convictions quashed.' 'New trial ordered.']