R v Hunter and Sara [1999] NSWCCA 5

R v Hunter and Sara [1999] NSWCCA 5

The combined failures in the conduct of the defence, including failure to ensure separate representation, failure to recognise the different cases available to each appellant, failure properly to address Hunter's character evidence, failure to object to prejudicial or inadmissible evidence, and basic advocacy deficiencies, amounted to a miscarriage of justice requiring both convictions to be quashed. For Sara, the evidence was capable of supporting guilt beyond reasonable doubt, so a new trial was ordered. For Hunter, the evidence did not rationally establish beyond reasonable doubt that he acted in concert with Sara in the robbery and assault charged, so a verdict of acquittal was entered.

Jurisdiction
Australia
Judgment Date
11 March 1999
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Appeal to the New South Wales Court of Criminal Appeal From Convictions and Sentences in the District Court
Outcome
Appeals allowed. Hunter's conviction and sentence quashed and a verdict of acquittal entered. Sara's conviction and sentence quashed and a new trial ordered.
Legal Topics
['aggravated Robbery' 'miscarriage of Justice' 'incompetence of Counsel' 'unsafe and Unsatisfactory Verdict' 'joint Criminal Enterprise' 'character Evidence' 'separate Representation' 'new Trial' 'verdict of Acquittal']
['criminal Law' 'criminal Procedure' 'evidence'] ['aggravated Robbery' 'miscarriage of Justice' 'incompetence of Counsel' 'unsafe and Unsatisfactory Verdict' 'joint Criminal Enterprise' 'character Evidence' 'separate Representation' 'new Trial' 'verdict of Acquittal']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Sentence / Appeal to the New South Wales Court of Criminal Appeal From Convictions and Sentences in the District Court

Legal Issues

  1. 1 ['Whether the appellants suffered a miscarriage of justice by reason of incompetence of trial counsel.' 'Whether the verdicts were unsafe and unsatisfactory and should be set aside pursuant to s6(1) Criminal Appeal Act 1912.' 'Whether Hunter and Sara should have been separately represented at trial.' "Whether Hunter's good character evidence should have been raised at trial." 'Whether, on the evidence properly before the jury, it was open to be satisfied beyond reasonable doubt of the guilt of either appellant.']

Ratio Decidendi

The combined failures in the conduct of the defence, including failure to ensure separate representation, failure to recognise the different cases available to each appellant, failure properly to address Hunter's character evidence, failure to object to prejudicial or inadmissible evidence, and basic advocacy deficiencies, amounted to a miscarriage of justice requiring both convictions to be quashed. For Sara, the evidence was capable of supporting guilt beyond reasonable doubt, so a new trial was ordered. For Hunter, the evidence did not rationally establish beyond reasonable doubt that he acted in concert with Sara in the robbery and assault charged, so a verdict of acquittal was entered.

Court Disposition

Appeals allowed. Hunter's conviction and sentence quashed and a verdict of acquittal entered. Sara's conviction and sentence quashed and a new trial ordered.

Orders

  • ['In the case of the appellant Hunter, appeal allowed, conviction and sentence quashed and a verdict of acquittal entered.' 'In the case of the appellant Sara, appeal allowed, conviction and sentence quashed, and a new trial ordered.']