Regina v Ozcelik [2000] NSWCCA 495

Regina v Ozcelik [2000] NSWCCA 495

The appellant failed to establish a miscarriage of justice because the available good character evidence was minimal and, if character had been raised, the jury would likely have learned of the appellant's prior convictions and other matters adverse to him; accordingly, there was no substantial chance or significant possibility that the jury would have acquitted had the evidence been called.

Jurisdiction
Australia
Judgment Date
27 November 2000
Procedural Posture
Criminal Appeal Against Conviction / Court of Criminal Appeal; Application Dismissed
Outcome
Application dismissed.
Legal Topics
['supply Prohibited Drug' 'miscarriage of Justice' 'failure of Trial Counsel to Call Good Character Evidence' 'good Character Evidence' 'prior Convictions']
['criminal Law' 'criminal Procedure' 'evidence'] ['supply Prohibited Drug' 'miscarriage of Justice' 'failure of Trial Counsel to Call Good Character Evidence' 'good Character Evidence' 'prior Convictions']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Court of Criminal Appeal; Application Dismissed

Legal Issues

  1. 1 ["Whether trial counsel's failure to call evidence of the appellant's good character caused a miscarriage of justice." 'Whether there was a substantial chance or significant possibility that the jury would have acquitted the appellant if good character evidence had been given.']

Ratio Decidendi

The appellant failed to establish a miscarriage of justice because the available good character evidence was minimal and, if character had been raised, the jury would likely have learned of the appellant's prior convictions and other matters adverse to him; accordingly, there was no substantial chance or significant possibility that the jury would have acquitted had the evidence been called.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']