Robinson v The Queen [1999] HCA 42

Robinson v The Queen [1999] HCA 42

Although s 632 removed any general requirement to warn that it is unsafe to convict on the uncorroborated testimony of one witness and prohibited warnings that the law regards classes of complainants as unreliable, it did not abrogate the requirement to give a warning where the particular circumstances create a perceptible risk of miscarriage of justice. In this case, the complainant's age at the time of the alleged offences, the long delay before complaint, the resulting inability of medical evidence to verify or falsify the complaint, inconsistencies and uncertainty about penetration, the absence of threats or relevant conversation, the continuing harmonious relationship, and possible...

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Appeal to the High Court of Australia by Special Leave From the Queensland Court of Appeal
Outcome
Appeal allowed; convictions and sentences quashed; new trial ordered.
Legal Topics
['jury Directions' 'uncorroborated Testimony' 'sexual Offences Against a Child' 'warnings to Juries' 'miscarriage of Justice' 'complaint Evidence']
['criminal Law' 'evidence' 'criminal Procedure'] ['jury Directions' 'uncorroborated Testimony' 'sexual Offences Against a Child' 'warnings to Juries' 'miscarriage of Justice' 'complaint Evidence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal to the High Court of Australia by Special Leave From the Queensland Court of Appeal

Legal Issues

  1. 1 ["Whether the trial judge's failure to give an appropriate warning in relation to the complainant's uncorroborated evidence created an appreciable or perceptible risk of a miscarriage of justice." 'Whether it was open to the jury to conclude that penetration had occurred.' 'Whether the trial judge was required to direct the jury that statements by the complainant about complaints to others were not evidence of the facts complained of.' 'The meaning and effect of s 632 of the Criminal Code Q concerning warnings and comments by trial judges to juries.']

Ratio Decidendi

Although s 632 removed any general requirement to warn that it is unsafe to convict on the uncorroborated testimony of one witness and prohibited warnings that the law regards classes of complainants as unreliable, it did not abrogate the requirement to give a warning where the particular circumstances create a perceptible risk of miscarriage of justice. In this case, the complainant's age at the time of the alleged offences, the long delay before complaint, the resulting inability of medical evidence to verify or falsify the complaint, inconsistencies and uncertainty about penetration, the absence of threats or relevant conversation, the continuing harmonious relationship, and possible...

Court Disposition

Appeal allowed; convictions and sentences quashed; new trial ordered.

Orders

  • ['Appeal allowed.' 'Set aside the orders of the Court of Appeal made on 20 March 1998 and in lieu thereof order that the appeal against convictions be allowed.' 'That the convictions and sentences be quashed.' 'That there be a new trial of the appellant.']