Bianca Shandell SANTO v R [2009] NSWCCA 269

Bianca Shandell SANTO v R [2009] NSWCCA 269

The refusal to call the co-offender as a Crown witness did not cause a miscarriage of justice as his evidence was unreliable and given in the defence case. The nature of his conviction was not relevant and did not constitute an exceptional feature requiring admission of evidence. The trial judge's direction cured any resulting prejudice from the appellant’s revelation of prior custody.

Parties
Appellant: Bianca Shandell SANTO; Crown: REGINA
Jurisdiction
Australia
Judgment Date
05 November 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Robbery in Company, Appeal Against Conviction, Evidence Admissibility, Crown's Obligation to Call Witnesses, Miscarriage of Justice, Directions to Jury
Criminal Law Robbery in Company Appeal Against Conviction Evidence Admissibility Crown's Obligation to Call Witnesses Miscarriage of Justice Directions to Jury

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Parties

Bianca Shandell SANTO

Appellant

REGINA

Crown

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether miscarriage of justice arose from Crown's refusal to call co-offender as witness
  2. 2 Admissibility of evidence about co-offender's offence
  3. 3 Whether jury should have been discharged after appellant revealed prior custody

Ratio Decidendi

The refusal to call the co-offender as a Crown witness did not cause a miscarriage of justice as his evidence was unreliable and given in the defence case. The nature of his conviction was not relevant and did not constitute an exceptional feature requiring admission of evidence. The trial judge's direction cured any resulting prejudice from the appellant’s revelation of prior custody.

Court Disposition

Appeal dismissed

Orders

  • Appeal against conviction dismissed