Sharyn Ann Munn v Regina; Thomas Miller v Regina [2006] NSWCCA 61

New South Wales Court of Criminal Appeal

CITATION: Sharyn Ann Munn v Regina; Thomas Miller v Regina [2006] NSWCCA 61

HEARING DATE(S): 8 March 2006

JUDGMENT DATE: 24 March 2006

JUDGMENT OF: Spigelman CJ at 1; Simpson J at 2; Barr J at 3

DECISION: The appeals are allowed and the convictions appealed from by both appellants are quashed. New trials are ordered.

CATCHWORDS: Criminal law - juror complains about asserted out-of-court acts of accused - whether juror biased - whether complaint appropriately dealt with - Criminal law - whether juror biased - whether irregular to receive verdicts without further enquiry - whether miscarriage of justice - Criminal law - defence counsel prevented from cross-examining complainant on her general sexual experience - Crown Prosecutor submitted in closing that complainant appeared to lack sexual experience - whether miscarriage of justice - Criminal law - delay in complaint - whether substantial - whether warning required about effect of delay on accused's ability to defend themselves - Criminal law - whether convictions unreasonable and unable to be supported by the evidence

Criminal Procedure Act 1986 LEGISLATION CITED: Evidence (Children) Act Jury Act

Webb v The Queen (1993 – 1994) 181 CLR 41 R v Marsland Court of Criminal Appeal, New South Wales, 17 July 1991 unreported R v Rudkowsky Court of Criminal Appeal, New South Wales, 15 December 1992 unreported Crampton v The Queen (2000) 176 ALR 369 CASES CITED: Longman v The Queen (1989) 168 CLR 79 R v BWT (2002) 54 NSWLR 241 R v NZ [2005] NSWCCA 278 R v Yates & Ors [2002] NSWCCA 520 M v The Queen (1994) 181 CLR 487