TABER, Peter v. REGINA; STYMAN Ian v. REGINA [2007] NSWCCA 116

TABER, Peter v. REGINA; STYMAN Ian v. REGINA [2007] NSWCCA 116

The appeals failed because aggravated break and enter and manslaughter were different offences with different, though possibly overlapping, elements, so the earlier convictions did not found autrefois convict and the manslaughter prosecution was not an abuse of process. Shannon Styman was not available to give evidence, his earlier evidence fell within s.65(3) of the Evidence Act 1995, and its substantial probative value was not outweighed by unfair prejudice under s.137. Considering the whole of the evidence, including the circumstantial case, it was plainly open to the jury to be satisfied beyond reasonable doubt. The sentences were not manifestly excessive and the sentencing judge...

Jurisdiction
Australia
Judgment Date
26 April 2007
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal After Jury Convictions for Manslaughter and Sentencing Before Studdert J
Outcome
In each case, appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
['manslaughter' 'aggravated Break and Enter' 'autrefois Convict' 'plea in Bar' 'abuse of Process' 'hearsay Evidence' 'witness Not Available' 'evidence From Previous Proceeding' 'unfair Prejudice' 'unreasonable Verdict' 'manifestly Excessive Sentence' 'concurrent and Cumulative Sentences' 'special Circumstances']
['criminal Law' 'evidence' 'sentencing'] ['manslaughter' 'aggravated Break and Enter' 'autrefois Convict' 'plea in Bar' 'abuse of Process' 'hearsay Evidence' 'witness Not Available' 'evidence From Previous Proceeding' 'unfair Prejudice' 'unreasonable Verdict' 'manifestly Excessive Sentence' 'concurrent and Cumulative Sentences' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal After Jury Convictions for Manslaughter and Sentencing Before Studdert J

Legal Issues

  1. 1 ['Whether the appellants were entitled to a plea in bar of autrefois convict, or a permanent stay for abuse of process, because of their earlier convictions for aggravated break and enter.' 'Whether evidence given by Shannon Styman at the earlier trial was admissible under s.65 of the Evidence Act 1995 when he refused to give evidence at the retrial.' "Whether the probative value of Shannon Styman's earlier evidence was outweighed by the danger of unfair prejudice under s.137 of the Evidence Act 1995." 'Whether the manslaughter verdicts were unreasonable.' 'Whether the sentences imposed for manslaughter and aggravated break and enter were manifestly excessive or otherwise affected by error.']

Ratio Decidendi

The appeals failed because aggravated break and enter and manslaughter were different offences with different, though possibly overlapping, elements, so the earlier convictions did not found autrefois convict and the manslaughter prosecution was not an abuse of process. Shannon Styman was not available to give evidence, his earlier evidence fell within s.65(3) of the Evidence Act 1995, and its substantial probative value was not outweighed by unfair prejudice under s.137. Considering the whole of the evidence, including the circumstantial case, it was plainly open to the jury to be satisfied beyond reasonable doubt. The sentences were not manifestly excessive and the sentencing judge...

Court Disposition

In each case, appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

  • ['Appeal against conviction dismissed.' 'Leave to appeal against sentence granted, and appeal against sentence dismissed.']