SC v R [2023] NSWCCA 111

SC v R [2023] NSWCCA 111

The trial judge’s failure to follow the mandatory requirements of s 13(5) of the Evidence Act 1995 regarding the competence of a complainant to give unsworn evidence resulted in a miscarriage of justice, requiring the appeal to be allowed, the convictions quashed, and a retrial ordered.

Jurisdiction
Australia
Judgment Date
17 May 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; convictions quashed; retrial ordered
Legal Topics
['appeal Against Conviction' 'failure to Follow Statutory Requirements' 'competence of Witness' 'evidence – Unsworn Evidence']
['criminal Law'] ['appeal Against Conviction' 'failure to Follow Statutory Requirements' 'competence of Witness' 'evidence – Unsworn Evidence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the trial judge failed to comply with the mandatory requirements of s 13(5) of the Evidence Act 1995 when allowing a complainant to give unsworn evidence' 'Whether this failure resulted in a miscarriage of justice requiring quashing of the convictions']

Ratio Decidendi

The trial judge’s failure to follow the mandatory requirements of s 13(5) of the Evidence Act 1995 regarding the competence of a complainant to give unsworn evidence resulted in a miscarriage of justice, requiring the appeal to be allowed, the convictions quashed, and a retrial ordered.

Court Disposition

Appeal allowed; convictions quashed; retrial ordered

Orders

  • ['Time extended to file application for leave to appeal and notice of appeal' 'Appeal allowed' 'Convictions entered on 12 March 2021 to Counts 5 to 8 (inclusive), Counts 11 to 16 (inclusive) and Count 18 are quashed' 'Order for a re-trial of the proceedings' 'Proceedings stood over to 26 May 2023 in the District...