REGINA v. KNEEBONE [1999] NSWCCA 279

REGINA v. KNEEBONE [1999] NSWCCA 279

The complainant's mother was, on the complainant's evidence, a material eyewitness to part of the charged incident and her evidence was crucial to credibility. The Crown did not interview her or otherwise establish a principled basis for treating her evidence as unreliable before deciding not to call her. In a trial turning substantially on the complainant's credibility, that failure to make adequate enquiry and to call the witness caused a miscarriage of justice. However, the evidence was not so deficient that the appellant was entitled to an acquittal, and a new trial was the appropriate remedy.

Jurisdiction
Australia
Judgment Date
21 September 1999
Procedural Posture
Criminal Appeal Against Conviction / Application for Extension of Time and Appeal From District Court Conviction; Appeal Allowed and New Trial Ordered
Outcome
Appeal allowed; conviction quashed; new trial ordered; extension of time granted.
Legal Topics
['duties of Crown Prosecutor' 'failure to Call Material Witness' 'miscarriage of Justice' 'sexual Intercourse Without Consent in Circumstances of Aggravation' 'complaint Evidence' 'jury Directions' 'unreliable or Unfavourable Witnesses']
['criminal Law' 'criminal Procedure' 'evidence'] ['duties of Crown Prosecutor' 'failure to Call Material Witness' 'miscarriage of Justice' 'sexual Intercourse Without Consent in Circumstances of Aggravation' 'complaint Evidence' 'jury Directions' 'unreliable or Unfavourable Witnesses']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Application for Extension of Time and Appeal From District Court Conviction; Appeal Allowed and New Trial Ordered

Legal Issues

  1. 1 ["Whether the Crown's failure to make adequate enquiries of the complainant's mother, who was alleged to be an eyewitness to part of the charged event, caused a miscarriage of justice." "Whether the Crown's failure to call the complainant's mother as a witness caused a miscarriage of justice." 'Whether asserted inadequacies in directions concerning complaint evidence and delay in complaint warranted appellate intervention.' 'Whether the guilty verdict was not reasonably open or was unsafe in light of the acquittal on the other count and alleged credibility problems.']

Ratio Decidendi

The complainant's mother was, on the complainant's evidence, a material eyewitness to part of the charged incident and her evidence was crucial to credibility. The Crown did not interview her or otherwise establish a principled basis for treating her evidence as unreliable before deciding not to call her. In a trial turning substantially on the complainant's credibility, that failure to make adequate enquiry and to call the witness caused a miscarriage of justice. However, the evidence was not so deficient that the appellant was entitled to an acquittal, and a new trial was the appropriate remedy.

Court Disposition

Appeal allowed; conviction quashed; new trial ordered; extension of time granted.

Orders

  • ['Extension of time granted.' 'Appeal upheld.' 'Conviction quashed.' 'New trial ordered.']