Garrett v The Queen [1977] HCA 67

Garrett v The Queen [1977] HCA 67

Evidence given by the prosecutrix that the appellant raped her on an earlier occasion (for which he had been acquitted) was inadmissible in the current trial, as it tended to call into question the previous acquittal. The summing up by the trial judge was erroneous in treating the acquittal as a neutral fact rather than emphasizing the right of the accused to the benefit of the acquittal. The appeal was allowed and a new trial ordered on the relevant counts.

Jurisdiction
Australia
Procedural Posture
Criminal / Appeal Following Grant of Special Leave
Outcome
Appeal allowed; special leave to appeal granted; new trial ordered on counts 3 and 4; convictions and sentence on those counts set aside.
Legal Topics
['evidence Admissibility' 'double Jeopardy' 'issue Estoppel' 'criminal Appeals' 'rape' 'abduction']
['criminal Law'] ['evidence Admissibility' 'double Jeopardy' 'issue Estoppel' 'criminal Appeals' 'rape' 'abduction']

Case Brief

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Procedural Posture

Criminal / Appeal Following Grant of Special Leave

Legal Issues

  1. 1 ["Whether evidence of the appellant's alleged prior rape (for which he was acquitted) was admissible in a subsequent trial involving similar charges." 'Whether the trial judge’s summing up denying the effect of the prior acquittal was erroneous.']

Ratio Decidendi

Evidence given by the prosecutrix that the appellant raped her on an earlier occasion (for which he had been acquitted) was inadmissible in the current trial, as it tended to call into question the previous acquittal. The summing up by the trial judge was erroneous in treating the acquittal as a neutral fact rather than emphasizing the right of the accused to the benefit of the acquittal. The appeal was allowed and a new trial ordered on the relevant counts.

Court Disposition

Appeal allowed; special leave to appeal granted; new trial ordered on counts 3 and 4; convictions and sentence on those counts set aside.

Orders

  • ['Order of the Court of Criminal Appeal of South Australia set aside.' 'Appeal to that Court allowed.' 'Conviction and sentence of the appellant on counts three and four of the indictment set aside.' 'A new trial ordered on counts three and four of the indictment.']