R v CLARK [2003] NSWCCA 308

R v CLARK [2003] NSWCCA 308

The proposed audio evidence was equivocal and showed only that sounds on the recording were consistent with tapping, paper movement and writing, which were ordinary sounds expected during a police interview; it did not make the applicant's version more probable, did not undermine the trial judge's acceptance of the police evidence, and fell far short of the cogency required to show a miscarriage of justice. Accordingly, leave to withdraw the notice of abandonment and an extension of time to appeal were refused.

Jurisdiction
Australia
Judgment Date
27 October 2003
Procedural Posture
Criminal Appeal / Application for Leave to Withdraw Notice of Abandonment and to Extend Time to Appeal Against Conviction
Outcome
Refuse leave to withdraw notice of abandonment; refuse to extend the time within which to appeal against conviction.
Legal Topics
['appeal Against Conviction' 'notice of Abandonment' 'extension of Time' 'new Evidence' 'confessional Evidence' 'miscarriage of Justice']
['criminal Law' 'criminal Procedure' 'evidence'] ['appeal Against Conviction' 'notice of Abandonment' 'extension of Time' 'new Evidence' 'confessional Evidence' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Withdraw Notice of Abandonment and to Extend Time to Appeal Against Conviction

Legal Issues

  1. 1 ['Whether leave should be granted to withdraw the notice of abandonment filed on 25 July 2000.' 'Whether time should be extended to file an appeal against conviction after delay.' 'Whether proposed new evidence about sounds on audio-taped police interviews was sufficiently cogent to establish a possible miscarriage of justice.' 'Whether the disputed confessional material should affect the safety of the convictions.']

Ratio Decidendi

The proposed audio evidence was equivocal and showed only that sounds on the recording were consistent with tapping, paper movement and writing, which were ordinary sounds expected during a police interview; it did not make the applicant's version more probable, did not undermine the trial judge's acceptance of the police evidence, and fell far short of the cogency required to show a miscarriage of justice. Accordingly, leave to withdraw the notice of abandonment and an extension of time to appeal were refused.

Court Disposition

Refuse leave to withdraw notice of abandonment; refuse to extend the time within which to appeal against conviction.

Orders

  • ['Refuse leave to withdraw the notice of abandonment filed on 25 July 2000.' 'Refuse to extend the time within which the applicant may file an appeal against conviction.']