REGINA v. WALTON [1999] NSWCCA 452

REGINA v. WALTON [1999] NSWCCA 452

The appeal was allowed because the complaint evidence was left to the jury as bolstering the complainant's evidence when it had not been shown to be admissible under Graham or s.108(3), and because the Crown Prosecutor's address unfairly asserted that the appellant's daughter had lied and agreed to support the appellant's lies without putting that allegation to her. The trial judge's directions were inadequate to cure that unfairness, causing a substantial miscarriage of justice. Given the seriousness of the defects and that the Crown Prosecutor's conduct lay at the foot of the miscarriage, no new trial was ordered.

Jurisdiction
Australia
Judgment Date
10 December 1999
Procedural Posture
Criminal Appeal Against Conviction / Appeal From District Court Conviction in the New South Wales Court of Criminal Appeal
Outcome
Appeal upheld; conviction and sentence quashed; verdict and judgment of acquittal entered.
Legal Topics
['indecent Assault' 'complaint Evidence' 'prior Consistent Statement' 'admissibility Under Graham' "prosecutor's Duty of Fairness" 'improper Jury Address' 'miscarriage of Justice' 'discretion to Order New Trial']
['criminal Law' 'evidence' 'criminal Procedure'] ['indecent Assault' 'complaint Evidence' 'prior Consistent Statement' 'admissibility Under Graham' "prosecutor's Duty of Fairness" 'improper Jury Address' 'miscarriage of Justice' 'discretion to Order New Trial']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Appeal From District Court Conviction in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred in admitting evidence of complaint to Ms Amanda Klein and directing the jury on that evidence.' "Whether the trial judge erred in directions concerning the evidence of the appellant's daughter." "Whether the Crown Prosecutor's address to the jury gave rise to a miscarriage of justice." 'Whether, after identifying miscarriages of justice, a new trial should be ordered or an acquittal entered.']

Ratio Decidendi

The appeal was allowed because the complaint evidence was left to the jury as bolstering the complainant's evidence when it had not been shown to be admissible under Graham or s.108(3), and because the Crown Prosecutor's address unfairly asserted that the appellant's daughter had lied and agreed to support the appellant's lies without putting that allegation to her. The trial judge's directions were inadequate to cure that unfairness, causing a substantial miscarriage of justice. Given the seriousness of the defects and that the Crown Prosecutor's conduct lay at the foot of the miscarriage, no new trial was ordered.

Court Disposition

Appeal upheld; conviction and sentence quashed; verdict and judgment of acquittal entered.

Orders

  • ['Appeal upheld.' 'Conviction and sentence quashed.' 'Verdict and judgment of acquittal entered.']