Regina v Bell [2002] NSWCCA 2

Regina v Bell [2002] NSWCCA 2

Leave was refused because the alleged fresh evidence did not justify reopening the abandoned conviction appeal: the applicant was aware of the relevant facts concerning A7 and related witnesses before abandoning his appeal, the circumstances of abandonment and delay did not justify leave, and the Court found no miscarriage of justice. The convictions were reasonable and supported by the evidence, the tendency/coincidence evidence and refusal of separate trials involved no error, and the jury directions adequately addressed publicity and the proper use of evidence.

Jurisdiction
Australia
Judgment Date
01 February 2002
Procedural Posture
Criminal Appeal/application Concerning Convictions for Sexual Offences / Application for Leave to Withdraw Notice of Abandonment of Appeal Against Convictions and for Leave to Appeal Against Convictions Out of Time
Outcome
Leave to withdraw Notice of Abandonment of appeal against convictions refused; leave to appeal against convictions out of time refused.
Legal Topics
['sexual Offences Against Children' 'notice of Abandonment of Appeal' 'extension of Time to Appeal' 'fresh Evidence' 'tendency Evidence' 'coincidence Evidence' 'separate Trials' 'unreasonable or Unsupported Verdicts' 'pre Trial Publicity' 'jury Directions']
['criminal Law' 'criminal Procedure' 'evidence'] ['sexual Offences Against Children' 'notice of Abandonment of Appeal' 'extension of Time to Appeal' 'fresh Evidence' 'tendency Evidence' 'coincidence Evidence' 'separate Trials' 'unreasonable or Unsupported Verdicts' 'pre Trial Publicity' 'jury Directions']

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Procedural Posture

Criminal Appeal/application Concerning Convictions for Sexual Offences / Application for Leave to Withdraw Notice of Abandonment of Appeal Against Convictions and for Leave to Appeal Against Convictions Out of Time

Legal Issues

  1. 1 ['Whether leave should be granted to withdraw the Notice of Abandonment of the appeal against convictions.' 'Whether leave should be granted to appeal against convictions out of time.' 'Whether alleged fresh evidence from the Wood Royal Commission report created a miscarriage of justice.' 'Whether the verdicts were unreasonable or could not be supported having regard to the evidence.' 'Whether tendency and/or coincidence evidence was properly admitted under the Evidence Act 1995.' 'Whether the trial judge erred in refusing separate trials.' 'Whether adverse pre-trial publicity and publicity during trial made the trial unfair despite jury directions.']

Ratio Decidendi

Leave was refused because the alleged fresh evidence did not justify reopening the abandoned conviction appeal: the applicant was aware of the relevant facts concerning A7 and related witnesses before abandoning his appeal, the circumstances of abandonment and delay did not justify leave, and the Court found no miscarriage of justice. The convictions were reasonable and supported by the evidence, the tendency/coincidence evidence and refusal of separate trials involved no error, and the jury directions adequately addressed publicity and the proper use of evidence.

Court Disposition

Leave to withdraw Notice of Abandonment of appeal against convictions refused; leave to appeal against convictions out of time refused.

Orders

  • ['Leave to withdraw Notice of Abandonment of appeal against convictions refused.' 'Leave to appeal against convictions out of time refused.']