AW v REGINA [2009] NSWCCA 1

AW v REGINA [2009] NSWCCA 1

The directions given by the trial judge, including Black and Longman directions, met the essential requirements of applicable authorities; tendency evidence admitted was significantly probative and its value outweighed prejudice; the suggestion to the jury to consider counts sequentially was not erroneous. No miscarriage of justice was demonstrated. Appeal dismissed.

Jurisdiction
Australia
Judgment Date
30 January 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
['child Sexual Assault' 'black Direction' 'tendency Evidence' 'longman Direction' 'sequential Approach to Counts']
['criminal Law'] ['child Sexual Assault' 'black Direction' 'tendency Evidence' 'longman Direction' 'sequential Approach to Counts']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether error in Black direction' 'Whether error in admission of tendency evidence' 'Adequacy of Longman direction' 'Suggestion to jury to approach counts sequentially']

Ratio Decidendi

The directions given by the trial judge, including Black and Longman directions, met the essential requirements of applicable authorities; tendency evidence admitted was significantly probative and its value outweighed prejudice; the suggestion to the jury to consider counts sequentially was not erroneous. No miscarriage of justice was demonstrated. Appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']