Geggo v R [2013] NSWCCA 7

Geggo v R [2013] NSWCCA 7

The jury was entitled to convict on the evidence, having heard the witnesses and assessed credibility; the absence of the Complainant's telephone records did not cause a miscarriage of justice as their content would not have materially altered the outcome and in some respects undermined the Appellant's case; and the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 February 2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal against conviction dismissed
Legal Topics
['sexual Intercourse Without Consent' 'verdicts Unreasonable or Unsupported by Evidence' 'miscarriage of Justice' 'evidentiary Matters' 'conduct of Trial' 'crown Address']
['criminal Law'] ['sexual Intercourse Without Consent' 'verdicts Unreasonable or Unsupported by Evidence' 'miscarriage of Justice' 'evidentiary Matters' 'conduct of Trial' 'crown Address']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the verdicts of guilty were unreasonable or cannot be supported by the evidence' "Whether absence at trial of new (not fresh) evidence—Complainant's telephone records—caused miscarriage of justice" 'Whether comments made in Crown closing address caused miscarriage of justice']

Ratio Decidendi

The jury was entitled to convict on the evidence, having heard the witnesses and assessed credibility; the absence of the Complainant's telephone records did not cause a miscarriage of justice as their content would not have materially altered the outcome and in some respects undermined the Appellant's case; and the language in the Crown address, though inappropriate, did not result in a miscarriage of justice.

Court Disposition

Appeal against conviction dismissed

Orders

  • ['Appeal against conviction dismissed']