Collins v The Queen [2018] HCA 18

Collins v The Queen [2018] HCA 18

The High Court held that the Court of Appeal erred in dismissing the appellant's appeal under the proviso without giving the appellant notice and an opportunity to address the issue, particularly where the prosecution had not relied on the proviso. The 2007 committal evidence of the complainant's mother was adopted at trial and should have been viewed as evidence of the terms of the preliminary complaint, not confined to her credibility. Since the misdirection may have affected the jury's assessment of the complainant's reliability and thus the trial outcome, it could not be concluded that no substantial miscarriage of justice occurred. The appeal was allowed, convictions and sentences...

Parties
Appellant: John Collins; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
09 May 2018
Procedural Posture
Criminal Appeal / High Court Appeal From the Court of Appeal of the Supreme Court of Queensland
Outcome
Appeal allowed; convictions and sentences quashed; new trial ordered.
Legal Topics
Appeal Against Conviction, Jury Direction, Prior Inconsistent Statement, Preliminary Complaint, Proviso (substantial Miscarriage of Justice)
Criminal Law Evidence Appellate Procedure Appeal Against Conviction Jury Direction Prior Inconsistent Statement Preliminary Complaint Proviso (substantial Miscarriage of Justice)

Case Brief

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Parties

John Collins

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / High Court Appeal From the Court of Appeal of the Supreme Court of Queensland

Legal Issues

  1. 1 Whether the trial judge erred in directing the jury that the complainant's mother's prior committal evidence could only be used to assess her credibility and not to assess the credibility of the complainant
  2. 2 Whether the 2007 committal evidence was adopted at trial and formed part of the evidence
  3. 3 Whether the Court of Appeal erred in applying the proviso and dismissing the appeal without giving the appellant notice and an opportunity to be heard

Ratio Decidendi

The High Court held that the Court of Appeal erred in dismissing the appellant's appeal under the proviso without giving the appellant notice and an opportunity to address the issue, particularly where the prosecution had not relied on the proviso. The 2007 committal evidence of the complainant's mother was adopted at trial and should have been viewed as evidence of the terms of the preliminary complaint, not confined to her credibility. Since the misdirection may have affected the jury's assessment of the complainant's reliability and thus the trial outcome, it could not be concluded that no substantial miscarriage of justice occurred. The appeal was allowed, convictions and sentences...

Court Disposition

Appeal allowed; convictions and sentences quashed; new trial ordered.

Orders

  • Appeal allowed.
  • Set aside the order of the Court of Appeal of the Supreme Court of Queensland dated 2 June 2017.