Citation: Regina v Sampson [2002] NSWCCA 478
Court: NSW Court of Criminal Appeal
Date: 5 December 2002
Judge(s): Meagher JA, Wood CJ at CL, Greg James J
Background
The appellant was convicted by a jury in the District Court at Gosford of maliciously inflicting grievous bodily harm with intent to do grievous bodily harm, contrary to section 33 of the Crimes Act 1900. He was sentenced to three years' imprisonment commencing 7 February 2002, with a non-parole period of 18 months.
The appellant appealed his conviction to the Court of Criminal Appeal on two grounds. Separately, the Director of Public Prosecutions filed a cross-appeal contending the sentence was inadequate.
At the appeal hearing on 19 November 2002, the court raised the question of whether an alternative verdict could be substituted if the conviction appeal succeeded. Both parties subsequently filed further written submissions on that issue.
Legal Issues
- Whether the jury's verdict of malicious infliction of grievous bodily harm with intent was unreasonable or incapable of being supported by the evidence
- Whether the evidence was capable of excluding the reasonable possibility that the appellant acted in self-defence
- Whether an alternative verdict could be substituted if the conviction was set aside
- Whether the sentence imposed was manifestly inadequate (the Crown's cross-appeal)
Decision
The Court upheld the first ground of appeal, finding that the jury's verdict was unreasonable and could not be supported having regard to the evidence. This conclusion was reached on the basis that the same evidential deficiencies that undermined the section 33 conviction equally affected any available alternative verdict.
The parties agreed that no alternative verdict of assault was available on the indictment. The only potential alternative was a verdict of malicious infliction of grievous bodily harm under section 35 of the Crimes Act 1900, but the Court found that such a verdict would also be unreasonable or unsupportable on the evidence. Accordingly, no substituted verdict could be entered.
Because the first ground succeeded and a new trial was not considered appropriate in the circumstances, the Court found it unnecessary to address the second ground concerning self-defence. The Crown's sentence appeal also became unnecessary to resolve.
Given the appellant's time already spent in custody and the approaching end of the law term, the Court ordered immediate entry of an acquittal and indicated that full reasons would follow in due course.
Orders Made
- Appeal against conviction upheld
- Verdict and judgment of acquittal entered in favour of the appellant
Key Takeaways
- Where a jury's verdict is found to be unreasonable or unsupported by the evidence, the Court of Criminal Appeal may set it aside without ordering a retrial if the circumstances make a new trial inappropriate.
- A substituted alternative verdict cannot be entered where the same evidential deficiencies that invalidate the primary conviction would equally render the alternative verdict unreasonable or unsupportable.
- The Court of Criminal Appeal confirmed that, on the indictment as framed, a verdict of assault was not available as an alternative; the only alternative open was malicious infliction of grievous bodily harm under section 35 of the Crimes Act 1900.
- Once the conviction appeal succeeded on the unreasonable verdict ground, the Court found it unnecessary to consider the self-defence ground or the Crown's cross-appeal against sentence inadequacy, demonstrating the practical priority given to the conviction ground.
- Practical considerations, including the length of time an appellant has spent in custody and the imminence of the end of a law term, may inform the court's decision to enter acquittal promptly and deliver full reasons at a later date.
Legislation and Cases Referenced
Legislation:
- Crimes Act 1900 (NSW), s 33 (maliciously inflicting grievous bodily harm with intent)
- Crimes Act 1900 (NSW), s 35 (maliciously inflicting grievous bodily harm)
Cases cited: None cited in the provided text.