Pandamooz v R [2023] NSWCCA 221

Pandamooz v R [2023] NSWCCA 221

None of the alleged errors or irregularities—whether in jury directions about intoxication and consent, the admission of certain evidence, or aspects of the prosecutor's cross-examination and submissions—had the tendency to affect the verdicts or result in a miscarriage of justice; timely directions were appropriately given and agreed to by trial counsel; the appeal was dismissed.

Parties
Applicant: Aref Pandamooz; Respondent: Rex
Jurisdiction
Australia
Judgment Date
08 September 2023
Procedural Posture
Criminal Appeal / Judgment on Conviction Appeal
Outcome
appeal dismissed
Legal Topics
Appeal Against Conviction, Sexual Offences, Consent, Jury Directions, Miscarriage of Justice, Evidence – Admissibility, Intoxication, Opinion Evidence
Criminal Law Appeal Against Conviction Sexual Offences Consent Jury Directions Miscarriage of Justice Evidence – Admissibility Intoxication +1 more

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Parties

Aref Pandamooz

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Conviction Appeal

Legal Issues

  1. 1 Whether the trial judge erred in jury directions regarding consent and intoxication
  2. 2 Whether the trial miscarried due to directions or admission of certain evidence
  3. 3 Whether improper opinion evidence was admitted

Ratio Decidendi

None of the alleged errors or irregularities—whether in jury directions about intoxication and consent, the admission of certain evidence, or aspects of the prosecutor's cross-examination and submissions—had the tendency to affect the verdicts or result in a miscarriage of justice; timely directions were appropriately given and agreed to by trial counsel; the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Grant leave to the applicant pursuant to r 4.15 of the Supreme Court (Criminal Appeal) Rules 2021 (NSW)
  • Grant leave to appeal