Crampton v The Queen [2000] HCA 60

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

ALAN JAMES CRAMPTON APPELLANT

AND

THE QUEEN RESPONDENT

Crampton v The Queen [2000] HCA 60

23 November 2000

S233/1999

ORDER

1. Special leave to appeal granted, appeal treated as instituted and heard instanter, and appeal allowed. 2. Set aside order of the Court of Criminal Appeal of New South Wales made on 1 June 1999 and in lieu thereof order that the appeal to that Court be allowed, conviction quashed and a verdict of acquittal entered.

On appeal from the Supreme Court of New South Wales

Representation:

P Byrne SC with M A Marty for the appellant (instructed by MacMahon Associates)

M G Sexton SC, Solicitor-General for the State of New South Wales with S J Gageler and A M Blackmore for the respondent (instructed by S E O'Connor, Solicitor for Public Prosecutions)

Interveners:

D M J Bennett QC, Solicitor-General of the Commonwealth with A S Bell intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

B M Selway QC, Solicitor-General for the State of South Australia with I K Haythorpe intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor for the State of South Australia)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Crampton v The Queen

Criminal law – Direction to jury – Events allegedly occurred in 1978 – Complaint made in March 1997 – Whether Longman warning required – Requirements of Longman warning.

Criminal law – Act of indecency with another male person – Whether defendant entitled to be acquitted on the basis that the evidence did not support a verdict of guilt on the correct interpretation of Crimes Act 1900 (NSW), s 81A.