Seymour v Regina [2006] NSWCCA 206

Reported Decision : 162 A Crim R 576

New South Wales Court of Criminal Appeal

CITATION: Seymour v Regina [2006] NSWCCA 206

HEARING DATE(S): 9 February 2006

JUDGMENT DATE: 18 July 2006

JUDGMENT OF: Hunt AJA at [1], [71]; Simpson J at [69]; Rothman J at [70]

DECISION: 1. The appeal is upheld and the conviction is quashed.; 2. A new trial is to be held.

CATCHWORDS: Accused charged with detain female for advantage, namely to assault her - his counsel allows evidence of his response to the complainant's plea to be allowed to leave, that he had "just got out of gaol five days ago, you'll dog me to the cops" - counsel elicits evidence of accused's criminal record to prove that he had no convictions for violence towards women, emphasising the length of his record, his lack of success as a criminal and his propensity for street offences, and describing him as a "property crim" - no rational or reasonable explanation for eliciting more than no such convictions and reasons for being in gaol (for only two weeks following a conviction for shoplifting) - trial necessarily unfair - miscarriage of justice. - Prasad direction - co-accused acquitted by jury - danger of giving direction in circumstances where there may be a problem for the jury in understanding the real nature of the Crown case.

Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Criminal Procedure Act 1986 Evidence Act 1995

Ali v The Queen (2005) 214 ALR 1 Dawson v The Queen (1961) 106 CLR 1 DPP v Boardman [1975] AC 421 Gipp v The Queen (1998) 194 CLR 106 Hall v Braybrook (1955) 95 CLR 620 Knight v The Queen (1992) 175 CLR 495 M v The Queen (1994) 181 CLR 487 Melbourne v The Queen (1999) 198 CLR 1 MFA v The Queen (2002) 213 CLR 606 Mraz v The Queen (1955) 93 CLR 493 New South Wales v Bujoso (2005) 222 ALR 663 Nudd v The Queen (2006) 225 ALR 161 Papakosmas v The Queen (1999) 196 CLR 297 Pfennig v The Queen (1995) 182 CLR 461 Phillips v The Queen (1985) 159 CLR 45 CASES CITED: Regina v Aziz [1996] AC 41 Regina v BD (1997) 94 A Crim R 131 Regina v Birks (1990) 19 NSWLR 677 Regina v Ensor [1989] 1 WLR 497 Regina v Falealili [1996] 3 NZLR 664 Regina v Knape [1965] VR 469 Regina v Macraild, Court of Criminal Appeal (BC9707215), 18 December 1997, unreported Regina v Masters (1992) 26 NSWLR 450 Regina v Miletic [1977] 1 VR 593 Regina v Pahuja (1987) 49 SASR 191 Regina v Prasad (1979) 23 SASR 161 Regina v Suteski (2002) 56 NSWLR 182 Scott v The Queen [1989] AC 1242 The Queen v Duke (1979) 22 SASR 46 TKWJ v The Queen (2002) 212 CLR 124 Wilde v The Queen (1988) 164 CLR 365