REGINA v. JACKSON [1999] NSWCCA 387

REGINA v. JACKSON [1999] NSWCCA 387

The trial judge failed to adequately direct the jury on the necessity for the accused to actively take the complainant from her mother's possession, including the possibility that if the girl left of her own volition and the accused was merely facilitating, no offence was committed. This failure constituted a miscarriage of justice, requiring the conviction to be quashed and an acquittal entered.

Jurisdiction
Australia
Judgment Date
02 December 1999
Procedural Posture
Criminal Appeal / Appeal From Conviction in District Court
Outcome
Appeal allowed; conviction quashed; acquittal entered; appellant ordered to be released forthwith.
Legal Topics
['taking Girl From Custody of Parent' 'nature of Offence' 'effect of Girl Voluntarily Leaving' 'comparison With Other Offences' 'necessity for Accused to Take Some Active Role in Depriving Custodial Parent of Possession' 'issue for Jury' 'necessity to Put Defence in Summing Up' 'new Trial or Acquittal' 'criteria for Exercise of Discretion' 'recommendation for Reform of Relevant Offences']
['criminal Law'] ['taking Girl From Custody of Parent' 'nature of Offence' 'effect of Girl Voluntarily Leaving' 'comparison With Other Offences' 'necessity for Accused to Take Some Active Role in Depriving Custodial Parent of Possession' 'issue for Jury' 'necessity to Put Defence in Summing Up' 'new Trial or Acquittal' 'criteria for Exercise of Discretion' 'recommendation for Reform of Relevant Offences']

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Procedural Posture

Criminal Appeal / Appeal From Conviction in District Court

Legal Issues

  1. 1 ['Whether the appellant unlawfully took a girl under 16 from the possession of her lawful guardian contrary to s.90 of the Crimes Act 1900' "Whether the girl's voluntary departure negates the element of 'taking'" 'Whether adequate directions were given to the jury regarding the essential elements of the offence' "Whether the appellant's actions constituted an active taking or mere facilitation" 'Whether miscarriage of justice occurred due to inadequate directions']

Ratio Decidendi

The trial judge failed to adequately direct the jury on the necessity for the accused to actively take the complainant from her mother's possession, including the possibility that if the girl left of her own volition and the accused was merely facilitating, no offence was committed. This failure constituted a miscarriage of justice, requiring the conviction to be quashed and an acquittal entered.

Court Disposition

Appeal allowed; conviction quashed; acquittal entered; appellant ordered to be released forthwith.

Orders

  • ['Appeal allowed' 'Conviction quashed' 'Acquittal entered' 'Appellant ordered to be released forthwith']