AP v R [2013] NSWCCA 189

AP v R [2013] NSWCCA 189

The trial judge's summing up, considered as a whole, fairly put before the jury the essence of the defence case, including the denial, the issues with the complainant's evidence, and doubts as to the DNA evidence. There was no error that went to the root of the proceedings, and no convincing basis for complaint about the summing up was established, especially in the absence of any objection at trial. Leave to appeal is therefore refused.

Jurisdiction
Australia
Judgment Date
16 August 2013
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
Leave to appeal refused
Legal Topics
['appeal Against Conviction' 'summing Up by Trial Judge' 'requirement to Put Defence Case to Jury' 'leave to Appeal Procedure']
['criminal Law'] ['appeal Against Conviction' 'summing Up by Trial Judge' 'requirement to Put Defence Case to Jury' 'leave to Appeal Procedure']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 ['Whether trial judge failed to put the defence case to the jury' 'Whether leave to appeal should be granted despite no objection at trial']

Ratio Decidendi

The trial judge's summing up, considered as a whole, fairly put before the jury the essence of the defence case, including the denial, the issues with the complainant's evidence, and doubts as to the DNA evidence. There was no error that went to the root of the proceedings, and no convincing basis for complaint about the summing up was established, especially in the absence of any objection at trial. Leave to appeal is therefore refused.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused']