Regina v GS [2003] NSWCCA 73

Regina v GS [2003] NSWCCA 73

The appeal was allowed because the delay directions significantly departed from the requirements of Longman and later authorities. The trial judge wrongly asked the jury to decide whether the appellant had lost a chance of obtaining a fair trial or had been put at a disadvantage, and whether it was difficult for him to prove his innocence, instead of instructing that the substantial delay had disadvantaged him in testing and meeting the complainant's evidence. The judge also failed adequately to explain the forensic disadvantages caused by delay, including the loss of means to test the complainant's allegations and to adduce evidence supporting the denial. Those deficiencies required the...

Jurisdiction
Australia
Judgment Date
03 April 2003
Procedural Posture
Criminal Appeal Against Convictions for Sexual Offences / Appeal to the New South Wales Court of Criminal Appeal From Convictions in the District Court
Outcome
Appeal against convictions allowed; convictions and sentences quashed; new trial ordered in relation to all counts.
Legal Topics
['sexual Offences' 'delay in Complaint' 'longman Directions' 'uncharged Sexual Acts' 'relationship Evidence' 'jury Directions' 'retrial']
['criminal Law' 'criminal Procedure' 'evidence'] ['sexual Offences' 'delay in Complaint' 'longman Directions' 'uncharged Sexual Acts' 'relationship Evidence' 'jury Directions' 'retrial']

Case Brief

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Procedural Posture

Criminal Appeal Against Convictions for Sexual Offences / Appeal to the New South Wales Court of Criminal Appeal From Convictions in the District Court

Legal Issues

  1. 1 ["Whether the trial judge's directions on delay in complaint complied with Longman v The Queen and later authorities." "Whether the trial judge's directions reversed or diluted the onus of proof by asking whether it was difficult for the appellant to prove his innocence." 'Whether the trial miscarried because the jury was not warned at the time evidence of uncharged sexual acts was first led about the limited use of that evidence.' "Whether the trial judge failed to assist the jury when it requested the complainant's police statement and court transcripts for some counts." 'Whether verdicts of acquittal should be entered instead of ordering a new trial.']

Ratio Decidendi

The appeal was allowed because the delay directions significantly departed from the requirements of Longman and later authorities. The trial judge wrongly asked the jury to decide whether the appellant had lost a chance of obtaining a fair trial or had been put at a disadvantage, and whether it was difficult for him to prove his innocence, instead of instructing that the substantial delay had disadvantaged him in testing and meeting the complainant's evidence. The judge also failed adequately to explain the forensic disadvantages caused by delay, including the loss of means to test the complainant's allegations and to adduce evidence supporting the denial. Those deficiencies required the...

Court Disposition

Appeal against convictions allowed; convictions and sentences quashed; new trial ordered in relation to all counts.

Orders

  • ['Appeal against convictions allowed.' 'Convictions and sentences quashed.' 'That there be a new trial in relation to all counts.']