Jenkins v The Queen

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, HAYNE, CALLINAN AND HEYDON JJBRUCE DAVID JENKINS  APPELLANTANDTHE QUEEN  RESPONDENTJenkins v The Queen[2004] HCA 5717 November 2004M307/2003ORDERAppeal dismissed.On appeal from the Supreme Court of VictoriaRepresentation:P F Tehan QC with L C Carter for the appellant (instructed by Worcester & Co)J D McArdle QC with J B Saunders for the respondent (instructed by Solicitor for Public Prosecutions (Victoria))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSJenkins v The QueenCriminal law – Direction to jury – Accomplice warning – Prosecution witness pleaded guilty to criminal offences related to charges against appellant – Testimony of witness substantially undisputed – Defence did not seek to attack credit of witness – Defence case relied in part on evidence of witness – No warning sought at trial as to reliability of witness – Whether trial judge obliged to warn jury that it would be dangerous to convict on uncorroborated evidence of an accomplice – Whether trial judge obliged to warn jury that evidence was potentially unreliable and must be subjected to careful scrutiny.GLEESON CJ, GUMMOW, HAYNE, CALLINAN AND HEYDON JJ. Following a lengthy trial in the Supreme Court of Victoria before Coldrey J and a jury, the appellant was convicted of five offences of obtaining a financial advantage by deception, and five offences of dishonestly furnishing false information for the purpose of obtaining a loan.  He was sentenced to a term of imprisonment.  An appeal to the Court...