REGINA v MARKULESKI [2001] NSWCCA 290

REGINA v MARKULESKI [2001] NSWCCA 290

The appeal was allowed and convictions quashed because the trial judge failed to give adequate directions regarding the relevance of delay in complaint and of an acquittal on one count to the credibility of the complainant, resulting in an unfair trial, especially given the significance of these issues in a case depending on the complainant's credibility over incidents alleged to have occurred many years earlier.

Parties
Respondent: Regina; Appellant: Tomislav Markuleski
Jurisdiction
Australia
Judgment Date
01 August 2001
Procedural Posture
Criminal Appeal / Determination of Appeal Against Conviction
Outcome
Appeal allowed; convictions quashed; new trial ordered
Legal Topics
Sexual Offences, Appeal Against Conviction, Jury Directions, Delay in Complaint, Credibility of Complainant, Inconsistent Verdicts
Criminal Law Sexual Offences Appeal Against Conviction Jury Directions Delay in Complaint Credibility of Complainant Inconsistent Verdicts

Case Brief

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Parties

Regina

Respondent

Tomislav Markuleski

Appellant

Procedural Posture

Criminal Appeal / Determination of Appeal Against Conviction

Legal Issues

  1. 1 Whether the guilty verdicts on five counts were unreasonable having regard to the not guilty verdict on the sixth count
  2. 2 Whether the trial judge gave adequate directions concerning delay in complaint and its relevance to credibility
  3. 3 Whether the trial judge gave adequate directions relating to acquittal on any count and its bearing on complainant's credibility on all counts

Ratio Decidendi

The appeal was allowed and convictions quashed because the trial judge failed to give adequate directions regarding the relevance of delay in complaint and of an acquittal on one count to the credibility of the complainant, resulting in an unfair trial, especially given the significance of these issues in a case depending on the complainant's credibility over incidents alleged to have occurred many years earlier.

Court Disposition

Appeal allowed; convictions quashed; new trial ordered

Orders

  • Appeal allowed
  • Convictions quashed