CRIMINAL LAW – appeal – conviction – whether misdirections in summing up to jury – evidence – whether verdict unreasonable or unsupportable on evidence – Criminal Appeal Act 1912, s 5(1)(a) and s 5(1)(b)
CRIMINAL LAW – appeal – sentencing – whether manifestly inadequate – standard non-parole period – consideration of Muldrock – significance of appellant’s intellectual disability – Criminal Appeal Act 1912, s 5D(1)
CRIMINAL LAW – appeal – procedure – sentencing hearing – order Crown pay costs incurred by appellant in calling expert under s 177(7) of Evidence Act – no direction in accordance with s 4(2)(a) that law of evidence applied – costs order set aside
Criminal Law – appeal against conviction – aggravated break and enter and commit serious indictable offence – plea of not guilty – whether trial judge erred in admitting surveillance log book into evidence – whether trial judge erred by admitting voice identification evidence – admission of expert evidence.
unlawful administration and supply of drug to procure miscarriage
interlocutory rulings on questions of evidence
whether Crown ought be permitted during opening to provide contentions of law in writing
construction of “unlawfully” in Crimes Act 1990 s83
test of proportionality objective
manslaughter by criminal negligence
duty of care to child once born alive
evidence relevant to credibility of accused and to asserted facts
Crown permitted to cross examine prosecution witnesses
evidence of medical opinion as to whether baby born alive
whether expertise established
use of medical report prepared for Health Care Complaints Commission
whether evidence from report admissible
evidence of medical practitioner admissible
whether disclosure of report unlawful
consciousness of guilt
conduct of counsel in trial not available to be used to found inference that instructions to counsel reflected a consciousness of guilt
discharge of one juror on medical evidence
order that trial proceed with jury of eleven
CRIMINAL LAW – Evidence – Judicial discretion to admit or exclude Evidence – whether opinion evidence of identity based on facial mapping and body mapping admissible.
CRIMINAL LAW – Evidence – Expert opinion – whether facial mapping and body mapping constitute areas of “specialised knowledge” – meaning of “specialised knowledge” – meaning of “knowledge” – s 79 Evidence Act 1995 (NSW).
CRIMINAL LAW – Evidence – Judicial discretion to admit or exclude Evidence – whether curriculum vitae of witness correctly admitted.
CRIMINAL LAW – Practice and Procedure – Whether the use of the phrase “ultimate issue” in directions constituted a miscarriage of justice.
WORDS AND PHRASES – “specialised knowledge”, “knowledge”.