R v Clark [2001] NSWCCA 494 (13 December 2001)

[2001] NSWCCA 494

Criminal Law – Murder – Appeal against conviction – Evidence – Unreliable evidence – Judicial directions to jury – Whether necessity for unreliable evidence warning – Where Crown’s major witness testified under indemnity from prosecution – Where no such warning sought at trial – Whether leave should be granted to argue point – Whether witness was “criminally concerned in the events giving rise to the proceeding” – Criminal Appeal Rules, r 4 – Evidence Act 1995 (NSW) s 165

Criminal Law – Murder – Appeal against conviction – Evidence – “Relationship evidence” – Admissibility – Evidence of contemporaneous representations by deceased demonstrating deceased’s negative state of mind about relationship with appellant – Exception to hearsay rule – Whether unfairly prejudicial justifying exclusion –  Evidence Act 1995  (NSW), ss 55(1), 72 and 135-137

Criminal Law – Murder – Appeal against sentence – Whether non-parole period of less than three-quarters of head sentence warranted – Whether appellant’s intellectual/physical difficulties amounted to “special circumstances” – Crimes (Sentencing Procedure) Act 1999, s 44(2) – D