Kessing v R [2008] NSWCCA 310

Kessing v R [2008] NSWCCA 310

Notwithstanding erroneous jury directions concerning confirmation of reports, the evidence overwhelmingly established guilt beyond reasonable doubt, and no substantial miscarriage of justice occurred; appeal dismissed under the proviso.

Jurisdiction
Australia
Judgment Date
19 December 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
['commonwealth Officer Misconduct' 'unauthorised Disclosure of Official Information' 'hearsay Evidence' 'jury Directions' 'motive Evidence' 'application of Proviso']
['criminal Law'] ['commonwealth Officer Misconduct' 'unauthorised Disclosure of Official Information' 'hearsay Evidence' 'jury Directions' 'motive Evidence' 'application of Proviso']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the verdict was unreasonable or unsupported by evidence' 'Whether the trial judge erred in jury directions regarding communication to journalists' 'Admissibility of hearsay evidence (newspaper article)' 'Failure to give s 165 Evidence Act warning' 'Failure to give Jones v Dunkel direction' 'Admissibility of motive and email evidence' 'Application of the proviso under Criminal Appeal Act']

Ratio Decidendi

Notwithstanding erroneous jury directions concerning confirmation of reports, the evidence overwhelmingly established guilt beyond reasonable doubt, and no substantial miscarriage of justice occurred; appeal dismissed under the proviso.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal against conviction dismissed']