Brown v R [2008] NSWCCA 306 (17 December 2008)

[2008] NSWCCA 306

CRIMINAL LAW
appeal and new trial and inquiry after conviction
appeal and new trial
miscarriage of justice
misdirection and non direction
whether trial judge failed to adequately direct jury in relation to identification evidence
Evidence Act 1995 s 116
CRIMINAL LAW
appeal and new trail and inquiry after conviction
appeal and new trial
miscarriage of justice
whether trial miscarried on account of prosecutor inviting jury to consider submission “why would the victim lie?”
whether allowing the jury to consider that question reversed the onus of proof