Collins v The QueenCitation:[2018] HCA 18Before:Kiefel CJ, Bell, Keane, Gordon, Edelman JJDate:09 May 2018Case Number:B68/2017Read more

Collins v The QueenCitation:[2018] HCA 18Before:Kiefel CJ, Bell, Keane, Gordon, Edelman JJDate:09 May 2018Case Number:B68/2017Read more

The trial judge erred in directing the jury that the mother's committal evidence could only be used to assess her credibility and not the complainant's. The Court of Appeal erred in applying the proviso without notice to the appellant, particularly after the prosecution disavowed reliance on it.

Parties
Appellant: Unknown (Appellant); Respondent: Unknown (Respondent)
Jurisdiction
Australia
Judgment Date
09 May 2018
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Jury Direction, Prior Inconsistent Statement, Preliminary Complaint, Application of Proviso, Substantial Miscarriage of Justice
Criminal Law Jury Direction Prior Inconsistent Statement Preliminary Complaint Application of Proviso Substantial Miscarriage of Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Unknown (Appellant)

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge misdirected the jury regarding the use of the mother's prior inconsistent statement
  2. 2 Whether the prior inconsistent statement was available to the jury to assess the complainant's credibility
  3. 3 Whether the Court of Appeal was bound to put the appellant on notice of the possibility of applying the proviso

Ratio Decidendi

The trial judge erred in directing the jury that the mother's committal evidence could only be used to assess her credibility and not the complainant's. The Court of Appeal erred in applying the proviso without notice to the appellant, particularly after the prosecution disavowed reliance on it.

Court Disposition

appeal allowed

Orders

  • Convictions quashed
  • New trial ordered