R v Sullivan [2002] NSWCCA 505

R v Sullivan [2002] NSWCCA 505

Although the trial judge made an impermissible comment about the appellant’s failure to give evidence, the error did not result in a substantial miscarriage of justice given the strength of the Crown case and the directions given; the proviso was applied and the conviction upheld.

Jurisdiction
Australia
Judgment Date
16 December 2002
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal against conviction dismissed
Legal Topics
['dangerous Driving Occasioning Grievous Bodily Harm' 'evidence Admissibility' 'judicial Comment on Silence' 'application of Proviso' 'jury Discharge']
['criminal Law'] ['dangerous Driving Occasioning Grievous Bodily Harm' 'evidence Admissibility' 'judicial Comment on Silence' 'application of Proviso' 'jury Discharge']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether evidence of earlier driving was admissible or too remote' 'Whether the judge erred in not discharging the jury after directing acquittal for co-accused' "Whether the trial judge's comment about the appellant's failure to give evidence was impermissible under s 20(2) Evidence Act"]

Ratio Decidendi

Although the trial judge made an impermissible comment about the appellant’s failure to give evidence, the error did not result in a substantial miscarriage of justice given the strength of the Crown case and the directions given; the proviso was applied and the conviction upheld.

Court Disposition

Appeal against conviction dismissed

Orders

  • ['Appeal dismissed']