Masri v R [2020] NSWCCA 24

Masri v R [2020] NSWCCA 24

The court determined that the omission of defence counsel to seek a character direction was a tactical decision, not inadvertence, and in the context of rule 4, the appellant failed to establish that the absence of a good character direction led to a miscarriage of justice or loss of a real chance of acquittal. Leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
28 February 2020
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction
Outcome
Leave to appeal against conviction refused
Legal Topics
['appeals' 'sexual Offences' 'good Character Direction' 'miscarriage of Justice']
['criminal Law'] ['appeals' 'sexual Offences' 'good Character Direction' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Conviction

Legal Issues

  1. 1 ['Whether failure to give good character direction amounted to a miscarriage of justice' 'Whether omission to seek good character direction was inadvertent or a tactical forensic decision' 'Whether complainant consented to sexual intercourse']

Ratio Decidendi

The court determined that the omission of defence counsel to seek a character direction was a tactical decision, not inadvertence, and in the context of rule 4, the appellant failed to establish that the absence of a good character direction led to a miscarriage of justice or loss of a real chance of acquittal. Leave to appeal was refused.

Court Disposition

Leave to appeal against conviction refused

Orders

  • ['Leave to appeal against conviction refused']