CRIMINAL LAW – EVIDENCE – examination in chief of witness – whether a police officer giving evidence should be permitted to read from his written statement – Evidence Act s 33 – whether written statement was made “soon after the occurrence of the events to which it refers”
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.
Criminal law and procedure
Maliciously inflicting grievous bodily harm by driving vehicle at police officer
Discharge of ill juror
Rulings by trial judge
No matter of particular principle
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
EVIDENCE  – 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
conspire to commit an armed robbery
Pig Latin evidence
probative value and prejudicial effect
police identities to be kept private
at a time or soon after