Category Archives: s. 033

SALMON v R [2012] NSWCCA 119 (4 June 2012)

http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2012/119.html

CRIMINAL LAW – CONVICTION APPEAL – theft assault and robbery convictions – appellant self-represented – whether hearsay evidence wrongfully admitted – whether Crown address caused miscarriage of justice – whether miscarriage of justice as a result of directions by trial judge – whether fresh evidence should be admitted on appeal – whether miscarriage of justice occurred as the result of conduct by appellant’s counsel – whether revocation of bail during trial caused miscarriage of justice – whether jury verdict unreasonable – SENTENCE APPEAL – whether sentencing judge erred in assessment of objective seriousness – whether principle of totality applied – whether sentence manifestly excessive.

Steve v Regina [2008] NSWCCA 231 (8 October 2008)

[2008] NSWCCA 231

CRIMINAL LAW – appeal – miscarriage of justice – competence of counsel – failure of counsel to object to irrelevant and prejudicial evidence – evidence that portrayed appellant as violent, sexually predatory and a child molester – failure of counsel to seek direction from trial judge in relation to prejudicial evidence – whether omissions were a tactical decision of defence counsel – failure of trial judge to apply the  Evidence Act 1995 , s 137 – failure to trial judge to direct jury in respect of irrelevant and prejudicial evidence – denial of fair trial amounted to miscarriage of justice – unsafe and unsatisfactory verdict – new trial ordered

Evidence Act 1995 , ss 32, 33, 55, 97, 100, 110

Lowe v Lang [2000] NSWSC 309 (30 March 2000)

[2000] NSWSC 309

EVIDENCE [228] – Witnesses – Refreshing memory – Generally – Documents used to revive memory – Memory revised before swearing affidavits read in evidence – Whether production required under  Evidence Act 1995  (NSW) s 34 – Memory revived from part of privileged document – Rest of document not relevant to witness’ testimony – Whether production of whole document should be required under s 34.

Evidence Act 1995  ss 32, 33, 34, 35, 36