R v JJN [2002] NSWCCA 281

R v JJN [2002] NSWCCA 281

The appeal was allowed because, after a requested s 165 warning about hearsay evidence from the complainant's mother recounting statements by deceased George Christou, the trial judge failed to inform the jury of matters that may have caused the hearsay evidence to be unreliable, including possible imperfections in Christou's honesty, perception and recounting and in the mother's honesty, perception, memory and recounting. The warning was also diluted by the repeated emphasis that it was given only because the law required it. This error concerned important corroborative evidence and the Court declined to apply the proviso to s6 of the Criminal Appeal Act 1912. The separate ground...

Jurisdiction
Australia
Judgment Date
24 July 2002
Procedural Posture
Criminal Appeal / Appeal to the Court of Criminal Appeal Against Convictions and Sentence From the District Court
Outcome
Appeal allowed; convictions quashed; retrial ordered.
Legal Topics
['indecent Assault' 'sexual Intercourse Offences' 'hearsay Evidence' 'jury Directions' 'evidence Act 1995 S 165 Warning' 'motive to Lie' 'criminal Appeal Act 1912 Proviso' 'retrial']
['criminal Law' 'evidence' 'criminal Procedure'] ['indecent Assault' 'sexual Intercourse Offences' 'hearsay Evidence' 'jury Directions' 'evidence Act 1995 S 165 Warning' 'motive to Lie' 'criminal Appeal Act 1912 Proviso' 'retrial']

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Procedural Posture

Criminal Appeal / Appeal to the Court of Criminal Appeal Against Convictions and Sentence From the District Court

Legal Issues

  1. 1 ["Whether the trial judge's direction concerning hearsay evidence of statements attributed to deceased George Christou was inadequate and failed to comply with s 165 of the Evidence Act 1995." "Whether the trial judge's direction concerning the complainant's alleged motive to lie was inadequate, particularly in light of the Crown Prosecutor's address." 'Whether the proviso to s6 of the Criminal Appeal Act 1912 should be applied despite the established error concerning the hearsay warning.' 'Whether it was necessary to consider the application for leave to appeal against sentence after the appeal against conviction succeeded.']

Ratio Decidendi

The appeal was allowed because, after a requested s 165 warning about hearsay evidence from the complainant's mother recounting statements by deceased George Christou, the trial judge failed to inform the jury of matters that may have caused the hearsay evidence to be unreliable, including possible imperfections in Christou's honesty, perception and recounting and in the mother's honesty, perception, memory and recounting. The warning was also diluted by the repeated emphasis that it was given only because the law required it. This error concerned important corroborative evidence and the Court declined to apply the proviso to s6 of the Criminal Appeal Act 1912. The separate ground...

Court Disposition

Appeal allowed; convictions quashed; retrial ordered.

Orders

  • ['Appeal allowed.' 'All convictions of the Appellant on the charges the subject of this appeal are quashed.' 'The Appellant be retried.']