R v SJB [2002] NSWCCA 163

R v SJB [2002] NSWCCA 163

The trial judge failed to use the critical words 'dangerous to convict' required by Longman and subsequent High Court authority in giving a direction regarding delay in complaint, thus caused a miscarriage of justice necessitating the conviction to be quashed and a new trial ordered.

Jurisdiction
Australia
Judgment Date
31 May 2002
Procedural Posture
Criminal Appeal / Post Conviction Appeal
Outcome
conviction quashed; new trial ordered
Legal Topics
['sexual Offences' 'delay in Complaint' 'longman Direction' 'credibility' 'corroboration' "judge's Directions to Jury"]
['criminal Law'] ['sexual Offences' 'delay in Complaint' 'longman Direction' 'credibility' 'corroboration' "judge's Directions to Jury"]

Case Brief

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Procedural Posture

Criminal Appeal / Post Conviction Appeal

Legal Issues

  1. 1 ['Whether the trial judge failed to give an adequate Longman direction, specifically a warning it would be dangerous to convict in light of delay' 'Whether the convictions were unsafe and unsatisfactory' 'Whether evidence of prior complaint was wrongly admitted' 'Whether failure to call certain witnesses required a Jones v Dunkel direction']

Ratio Decidendi

The trial judge failed to use the critical words 'dangerous to convict' required by Longman and subsequent High Court authority in giving a direction regarding delay in complaint, thus caused a miscarriage of justice necessitating the conviction to be quashed and a new trial ordered.

Court Disposition

conviction quashed; new trial ordered

Orders

  • ['appeal allowed' 'convictions and sentences quashed' 'new trial ordered']