Walker v Regina [2006] NSWCCA 228

Walker v Regina [2006] NSWCCA 228

The grounds of appeal against conviction were not made out, as objections and tactical decisions did not render the trial unfair nor cause a miscarriage of justice; extension of time for appeal granted due to self-representation but the appeal itself was dismissed.

Jurisdiction
Australia
Judgment Date
01 August 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; application for leave to appeal against sentence refused; extension of time to file appeal granted.
Legal Topics
['appeal Against Conviction' 'extension of Time for Appeal' 'objections to Evidence' 'fairness of Trial']
['criminal Law'] ['appeal Against Conviction' 'extension of Time for Appeal' 'objections to Evidence' 'fairness of Trial']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ['Whether extension of time for appeal should be granted' 'Whether objections to evidence rendered the trial unfair' 'Whether trial judge and counsel withheld material evidence' 'Admissibility and weight of medical evidence']

Ratio Decidendi

The grounds of appeal against conviction were not made out, as objections and tactical decisions did not render the trial unfair nor cause a miscarriage of justice; extension of time for appeal granted due to self-representation but the appeal itself was dismissed.

Court Disposition

Appeal against conviction dismissed; application for leave to appeal against sentence refused; extension of time to file appeal granted.

Orders

  • ['Time within which the appellant can file his Notice of Appeal and Application for Leave to Appeal is extended to 5 December 2005.' 'Appeal against conviction is dismissed.' 'Application for leave to appeal against sentence is refused.']