Perish, Anthony v R; Perish, Andrew v R; Lawton, Matthew v R [2016] NSWCCA 89

Perish, Anthony v R; Perish, Andrew v R; Lawton, Matthew v R [2016] NSWCCA 89

The appeals were dismissed because the evidence admitted was the result of a rational forensic decision by trial counsel and no miscarriage of justice occurred; the directions given were not in error such as to deprive the appellants of a fair chance of acquittal; the verdicts were reasonably open on the evidence, and the sentences were not manifestly excessive.

Parties
Applicant: Anthony John Perish; Applicant: Andrew Michael Perish; Applicant: Matthew Robert Lawton; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
20 May 2016
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment
Outcome
Appeals dismissed; leave refused on certain grounds or granted but with appeal dismissed.
Legal Topics
Appeal Against Conviction, Miscarriage of Justice, Hearsay Evidence, Joint Trial, Admissibility of Evidence, Unreasonable Verdict, Sentencing, Conspiracy to Murder
Criminal Law Appeal Against Conviction Miscarriage of Justice Hearsay Evidence Joint Trial Admissibility of Evidence Unreasonable Verdict Sentencing +1 more

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Parties

Anthony John Perish

Applicant

Andrew Michael Perish

Applicant

Matthew Robert Lawton

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 Whether admission of second hand hearsay evidence occasioned a miscarriage of justice
  2. 2 Whether misdirection as to available use of hearsay evidence occurred
  3. 3 Whether verdicts of the jury were unreasonable or unsupportable on the evidence

Ratio Decidendi

The appeals were dismissed because the evidence admitted was the result of a rational forensic decision by trial counsel and no miscarriage of justice occurred; the directions given were not in error such as to deprive the appellants of a fair chance of acquittal; the verdicts were reasonably open on the evidence, and the sentences were not manifestly excessive.

Court Disposition

Appeals dismissed; leave refused on certain grounds or granted but with appeal dismissed.

Orders

  • Anthony Perish: Appeal against conviction dismissed.
  • Andrew Perish: Leave to appeal granted in relation to Grounds 1 and 2 (conviction), appeal dismissed; leave to appeal granted in relation to Ground 4 (sentence), appeal dismissed.