O'Grady v R [2012] NSWCCA 62

O'Grady v R [2012] NSWCCA 62

Neither the prosecutor nor the trial judge contravened s 20 Evidence Act or the applicable principles: the prosecutor's statement on 'no innocent explanation' referred to the state of the evidence rather than the accused's silence, and the judge's summing up commented on the absence of explanation in the context of facts peculiarly within the accused’s knowledge, properly instructing the jury on onus, presumption of innocence, and right to silence.

Jurisdiction
Australia
Judgment Date
13 April 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal against conviction dismissed
Legal Topics
['break Enter and Steal' 'aggravated Burglary' 'right to Silence' 'judicial Directions' 'fingerprint Evidence']
['criminal Law'] ['break Enter and Steal' 'aggravated Burglary' 'right to Silence' 'judicial Directions' 'fingerprint Evidence']

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ["Whether the prosecutor's comments in closing address constituted a prohibited comment on the accused's failure to give evidence under s 20 Evidence Act 1995" "Whether the trial judge's comments in summing up constituted a misdirection regarding the failure to give evidence/explanation for the fingerprint and palm print"]

Ratio Decidendi

Neither the prosecutor nor the trial judge contravened s 20 Evidence Act or the applicable principles: the prosecutor's statement on 'no innocent explanation' referred to the state of the evidence rather than the accused's silence, and the judge's summing up commented on the absence of explanation in the context of facts peculiarly within the accused’s knowledge, properly instructing the jury on onus, presumption of innocence, and right to silence.

Court Disposition

Appeal against conviction dismissed

Orders

  • ['Appeal against conviction dismissed']