ST v Regina [2010] NSWCCA 5

ST v Regina [2010] NSWCCA 5

The failure to give a Longman warning in accordance with applicable law constituted a miscarriage of justice, warranting the quashing of convictions and the ordering of a retrial, as the evidence at trial was adequate for a jury to reasonably convict absent the misdirection.

Parties
Applicant: ST; Respondent: Regina
Jurisdiction
Australia
Judgment Date
10 February 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed; convictions quashed; retrial ordered
Legal Topics
Appeal Against Conviction, Longman Warning, Miscarriage of Justice, Verdict Unreasonable, Powers of Appellate Court
Criminal Law Appeal Against Conviction Longman Warning Miscarriage of Justice Verdict Unreasonable Powers of Appellate Court

Case Brief

Summary, issues, holding and outcome

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Parties

ST

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Failure to give Longman warning due to delay between alleged offences and complaint
  2. 2 Whether verdict was unreasonable given evidence

Ratio Decidendi

The failure to give a Longman warning in accordance with applicable law constituted a miscarriage of justice, warranting the quashing of convictions and the ordering of a retrial, as the evidence at trial was adequate for a jury to reasonably convict absent the misdirection.

Court Disposition

appeal allowed; convictions quashed; retrial ordered

Orders

  • Appeal is allowed.
  • Convictions quashed.