Madden v R [2022] NSWCCA 196

Madden v R [2022] NSWCCA 196

The convictions for counts 1-3, 20-24, and 51-53 should be quashed and acquittals entered because the relevant counts were either statute-barred or the evidence did not support a conviction beyond reasonable doubt, due to timing uncertainties or logically irreconcilable evidence. For the remaining counts, a miscarriage of justice occurred due to gross failures by defence counsel in cross-examination and closing address, depriving the applicant of a fair trial; thus, those convictions should be quashed and remitted for retrial.

Jurisdiction
Australia
Judgment Date
09 September 2022
Procedural Posture
Criminal Appeal / Appeal Against Conviction From District Court (following Jury Trial and Conviction)
Outcome
Appeal allowed
Legal Topics
['appeals Against Conviction' 'incompetence of Counsel' 'unreasonable Verdict' 'miscarriage of Justice' 'sexual Offences (historic Child Sexual Abuse)' 'tendency Evidence' 'statute Bar (limitations)']
['criminal Law'] ['appeals Against Conviction' 'incompetence of Counsel' 'unreasonable Verdict' 'miscarriage of Justice' 'sexual Offences (historic Child Sexual Abuse)' 'tendency Evidence' 'statute Bar (limitations)']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction From District Court (following Jury Trial and Conviction)

Legal Issues

  1. 1 ['Whether the prosecution of certain counts was statute-barred under repealed limitation provisions of the Crimes Act 1900 (NSW)' 'Whether certain verdicts of guilty were not supported by the evidence and were unreasonable' "Whether a miscarriage of justice occurred by reason of prosecutor's address and/or trial judge's directions conflating tendency and coincidence reasoning" "Whether a miscarriage of justice was occasioned by incompetence of the applicant's trial counsel"]

Ratio Decidendi

The convictions for counts 1-3, 20-24, and 51-53 should be quashed and acquittals entered because the relevant counts were either statute-barred or the evidence did not support a conviction beyond reasonable doubt, due to timing uncertainties or logically irreconcilable evidence. For the remaining counts, a miscarriage of justice occurred due to gross failures by defence counsel in cross-examination and closing address, depriving the applicant of a fair trial; thus, those convictions should be quashed and remitted for retrial.

Court Disposition

Appeal allowed

Orders

  • ['Time for filing notice of appeal extended to 8 November 2021.' 'Leave to appeal granted.' 'Appeal allowed.' 'Convictions on counts 1-3, 20-24 and 51-53 quashed and verdicts of acquittal entered.' 'Convictions on remaining counts quashed and matter remitted to District Court for retrial; list before District Court...