REGINA v FOLLI [2001] NSWCCA 531

REGINA v FOLLI [2001] NSWCCA 531

The complaints concerned alleged sexual offences from the early 1980s made more than 17 years later by complainants who were young at the time. The circumstances, including substantial delay, forensic disadvantage, and the appellant's admissions to different conduct at a later time, demanded a Longman warning. The trial judge's comments on delay were not an adequate warning and were fundamentally flawed, including because they suggested the Crown case could also be viewed sympathetically due to delay. Although the Crown case was strong, conviction was not inevitable and it could not be concluded that no miscarriage of justice occurred.

Jurisdiction
Australia
Judgment Date
19 December 2001
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Appeal in the New South Wales Court of Criminal Appeal From the District Court
Outcome
Appeal allowed; conviction and sentence set aside; new trial ordered.
Legal Topics
['indecent Assault' 'sexual Intercourse Without Consent' 'delayed Complaint' 'longman Warning' 'forensic Disadvantage' 'proviso' 'new Trial']
['criminal Law' 'evidence' 'criminal Procedure'] ['indecent Assault' 'sexual Intercourse Without Consent' 'delayed Complaint' 'longman Warning' 'forensic Disadvantage' 'proviso' 'new Trial']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Appeal in the New South Wales Court of Criminal Appeal From the District Court

Legal Issues

  1. 1 ['Whether the trial judge was required to give a Longman warning rather than make comments about delay in complaint.' 'Whether the absence of a Longman warning caused a miscarriage of justice where the complaints were made more than 17 years after the alleged sexual offences.' "Whether the Crown's reliance on the proviso should be accepted despite the flawed direction."]

Ratio Decidendi

The complaints concerned alleged sexual offences from the early 1980s made more than 17 years later by complainants who were young at the time. The circumstances, including substantial delay, forensic disadvantage, and the appellant's admissions to different conduct at a later time, demanded a Longman warning. The trial judge's comments on delay were not an adequate warning and were fundamentally flawed, including because they suggested the Crown case could also be viewed sympathetically due to delay. Although the Crown case was strong, conviction was not inevitable and it could not be concluded that no miscarriage of justice occurred.

Court Disposition

Appeal allowed; conviction and sentence set aside; new trial ordered.

Orders

  • ['Appeal allowed.' 'Conviction and sentence set aside.' 'New trial ordered.']