Schoffel v R [2023] NSWCCA 88

Schoffel v R [2023] NSWCCA 88

Either there was no breach of s 133(2) regarding the pervert the course of justice count, or, in both counts, any breach did not occasion a substantial miscarriage of justice. The process followed by the trial judge, the scope of the issues, the agreement as to legal elements, and the strong evidence led to the finding that the proviso applied and the appeal should be dismissed.

Parties
Appellant: Brett Schoffel; Respondent: Rex
Jurisdiction
Australia
Judgment Date
21 April 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction in Court of Criminal Appeal From District Court (judge Alone Trial)
Outcome
Appeal dismissed
Legal Topics
Robbery With Use of Corporal Violence, Perverting the Course of Justice, Content of Reasons—judge Alone Trial, Application of S 133(2) Criminal Procedure Act 1986 (nsw), Application of the Proviso—criminal Appeal Act 1912 (nsw)
Criminal Law Robbery With Use of Corporal Violence Perverting the Course of Justice Content of Reasons—judge Alone Trial Application of S 133(2) Criminal Procedure Act 1986 (nsw) Application of the Proviso—criminal Appeal Act 1912 (nsw)

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Parties

Brett Schoffel

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction in Court of Criminal Appeal From District Court (judge Alone Trial)

Legal Issues

  1. 1 Whether the trial judge failed to comply with s 133(2) of the Criminal Procedure Act 1986 (NSW) by not stating the essential elements of each offence in the reasons
  2. 2 If s 133(2) was breached, whether the proviso in s 6(1) of the Criminal Appeal Act 1912 (NSW) applied

Ratio Decidendi

Either there was no breach of s 133(2) regarding the pervert the course of justice count, or, in both counts, any breach did not occasion a substantial miscarriage of justice. The process followed by the trial judge, the scope of the issues, the agreement as to legal elements, and the strong evidence led to the finding that the proviso applied and the appeal should be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.