SPURLING v REGINA EVERUSS v REGINA [2006] NSWCCA 245

SPURLING v REGINA EVERUSS v REGINA [2006] NSWCCA 245

The conviction appeals failed because the custody manager's decision that Spurling was not a vulnerable person was reasonably open, refusal of an adjournment for expert evidence was not erroneous or material, the juror's former professional knowledge was too remote to create an apprehension of partiality, and the trial judge's directions adequately confined lies and records of interview to proper uses so that the joint trial did not miscarry. Leave to appeal against sentence was granted, but the sentence appeals failed because Spurling's heavier sentence was justified by his serious prior record and bail status, and both sentences were within range and not excessive.

Jurisdiction
Australia
Judgment Date
11 August 2006
Procedural Posture
Criminal Appeal / Appeals Against Conviction and Applications for Leave to Appeal Against Sentence From the District Court
Outcome
Both appeals dismissed; leave to appeal against sentence granted in each case but the sentence appeals dismissed.
Legal Topics
['robbery in Company' 'detention After Arrest' 'vulnerable Person Interview' 'custody Manager Duties' 'lies and Consciousness of Guilt' 'co Accused Evidence' 'jury Discharge' 'parity' 'manifest Excess']
['criminal Law' 'evidence' 'sentencing'] ['robbery in Company' 'detention After Arrest' 'vulnerable Person Interview' 'custody Manager Duties' 'lies and Consciousness of Guilt' 'co Accused Evidence' 'jury Discharge' 'parity' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal / Appeals Against Conviction and Applications for Leave to Appeal Against Sentence From the District Court

Legal Issues

  1. 1 ["Whether Spurling's record of interview was wrongly admitted because he was a vulnerable person by reason of ADHD or impaired intellectual functioning and the Crimes (Detention After Arrest) Regulation 1998 was not complied with." "Whether the trial judge erred in refusing an adjournment to obtain expert evidence about Spurling's ADHD." "Whether the jury, or juror 59, should have been discharged because the juror had former professional knowledge of Spurling's fiancée/de facto wife." 'Whether the trial judge erred in directions concerning lies and their use as evidence of consciousness of guilt, including against a co-accused.' 'Whether the joint trial of Spurling and Everuss gave rise to a miscarriage of justice.' "Whether the jury were inadequately directed about not using one co-accused's record of interview against the other." 'Whether Spurling had a justified sense of grievance on parity grounds because he received a heavier sentence than Everuss despite Everuss being identified as the principal.' 'Whether the sentences imposed on Spurling and Everuss were manifestly excessive.']

Ratio Decidendi

The conviction appeals failed because the custody manager's decision that Spurling was not a vulnerable person was reasonably open, refusal of an adjournment for expert evidence was not erroneous or material, the juror's former professional knowledge was too remote to create an apprehension of partiality, and the trial judge's directions adequately confined lies and records of interview to proper uses so that the joint trial did not miscarry. Leave to appeal against sentence was granted, but the sentence appeals failed because Spurling's heavier sentence was justified by his serious prior record and bail status, and both sentences were within range and not excessive.

Court Disposition

Both appeals dismissed; leave to appeal against sentence granted in each case but the sentence appeals dismissed.

Orders

  • ['Both appeals are dismissed.' 'Leave to appeal against sentence is granted in each case but the appeals are dismissed.']