R v NEWHOUSE [2001] NSWCCA 294

R v NEWHOUSE [2001] NSWCCA 294

The convictions on the first set of charges were quashed because the trial judge did not give the emphatic Longman warning required for uncorroborated complainant evidence concerning alleged offences from 16 to 20 years earlier, creating a risk of miscarriage of justice. No new trial was ordered having regard to the sentence already served, the appellant's age, and further lapse of time. The application to withdraw the guilty pleas failed because the appellant's participation in the first trial, detailed written instructions, and acknowledgement of counsel's affidavit showed he was fit to plead despite stress and pressure.

Jurisdiction
Australia
Judgment Date
19 July 2001
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence; Application to Withdraw Guilty Pleas; Resentencing
Outcome
Conviction quashed; new trial not ordered; appeal against guilty pleas dismissed; appellant re-sentenced.
Legal Topics
['indecent Assault' 'homosexual Intercourse With an Under Age Male Person' 'long Delay' 'uncorroborated Complainant Evidence' 'jury Warning' 'withdrawal of Guilty Pleas' 'fitness to Plead' 'sentencing']
['criminal Law' 'criminal Procedure' 'evidence'] ['indecent Assault' 'homosexual Intercourse With an Under Age Male Person' 'long Delay' 'uncorroborated Complainant Evidence' 'jury Warning' 'withdrawal of Guilty Pleas' 'fitness to Plead' 'sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence; Application to Withdraw Guilty Pleas; Resentencing

Legal Issues

  1. 1 ['Whether the trial judge failed to give the emphatic warning required where the prosecution case depended on uncorroborated evidence of a complainant who was of tender years at the time of alleged offences tried after a delay of 16 to 20 years.' 'Whether the appellant should be permitted to withdraw guilty pleas on the basis that he was under duress or unfit to plead.' 'What sentence should be imposed after the conviction on the first set of charges was quashed and no new trial ordered.']

Ratio Decidendi

The convictions on the first set of charges were quashed because the trial judge did not give the emphatic Longman warning required for uncorroborated complainant evidence concerning alleged offences from 16 to 20 years earlier, creating a risk of miscarriage of justice. No new trial was ordered having regard to the sentence already served, the appellant's age, and further lapse of time. The application to withdraw the guilty pleas failed because the appellant's participation in the first trial, detailed written instructions, and acknowledgement of counsel's affidavit showed he was fit to plead despite stress and pressure.

Court Disposition

Conviction quashed; new trial not ordered; appeal against guilty pleas dismissed; appellant re-sentenced.

Orders

  • ['Conviction on the first set of charges quashed.' 'New trial not ordered.' 'Second appeal against the pleas of guilty dismissed.' 'Sentence of 4 years imposed to date from 2 April 1998 and expire on 1 April 2002.' 'Non-parole period of 2 years to commence on 2 April 1998 and expire on 1 April 2000.' 'Earliest date...