Curwood v R [1944] HCA 40

eee oance BamsonyR 0 Bett 1999) Pee SOF Bye em Sars, tics SRS

CLR.) OF AUSTRALIA.

{HIGH COURT OF AUSTRALIA.]

CURWOOD . i O é ' - 4 . APPLICANT ;

AND

KING . Bs 7 a 5 jitas . Responpent.

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Criminal Law—Evidence—Oross-examination of accused—Questions tending to show character of accused and previous convictions —" Nature or conduct of the defence ia auch as to involve imputations on the character of the prosecutor or witness for the prosecution" —Allegation by accused that confession obtained by police officers by duress—Crimes Act 1928 (Vict.) (No. 3664), s. 432 (e) (ii).

1928 (Vict.) of unlawfully and carnally knowing and abusing a girl under the age of ten years. The case implicating the applicant depended upon a written

His defence was, inter alia, that the confession was not voluntarily made because it was extorted from him by threats and physical violence on the part of the officers of police and he gave evidence to this effect. Upon the applica- tion of the Crown prosecutor the trial judge applied s, 432 (e) (ii) of the Crimes Act and allowed cross-examination of the applicant as to his character. 'The applicant refused to answer certain questions as to occasions on which it was suggested that he had attacked a woman and a girl on the ground that the answers might incriminate him and the jurors were warned that his refusal should not be allowed to affect their minds in any way. He, however, did say that on the occasion when he signed the confession upon which the prosecution relied he also signed another statement in which he admitted that he was "guilty of the little one but not of the rape."

Held, by Latham C.J., Starke and Dixon JJ. (McTiernan and Williams JJ. dissenting), that the conduct of the defence was such as to involve imputa- tions on the character of witnesses for the prosecution within the meaning of '8. 432 (e) (ii) of the Crimes Act 1928 (Vict.); therefore the applicant was liable to be cross-examined as to his previous character.