R v Thomas [1999] NSWCCA 68

R v Thomas [1999] NSWCCA 68

There is a significant possibility that the jury would not have convicted the appellant on either count had the police officers' false evidence of admissions been excluded at trial. The subsequent revelation of perjured police testimony means that the convictions cannot stand, as there has been a miscarriage of justice.

Jurisdiction
Australia
Judgment Date
13 April 1999
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment
Outcome
Appeal allowed; convictions quashed; verdicts of acquittal entered; no new trial ordered.
Legal Topics
['appeal' 'fresh Evidence' 'miscarriage of Justice' "alleged Police 'verballing'" 'admissions' 'assault Occasioning Actual Bodily Harm' 'causing Grievous Bodily Harm With Intent to Murder' 'inflicting Grievous Bodily Harm With Intent to Do Grievous Bodily Harm']
['criminal Law'] ['appeal' 'fresh Evidence' 'miscarriage of Justice' "alleged Police 'verballing'" 'admissions' 'assault Occasioning Actual Bodily Harm' 'causing Grievous Bodily Harm With Intent to Murder' 'inflicting Grievous Bodily Harm With Intent to Do Grievous Bodily Harm']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ["Whether the admission of fresh evidence given at the Police Royal Commission that the appellant was 'verballed' by police officers renders the convictions unsafe" 'Whether there is a significant possibility that the jury would have acquitted absent the false police evidence' 'Whether there has been a miscarriage of justice']

Ratio Decidendi

There is a significant possibility that the jury would not have convicted the appellant on either count had the police officers' false evidence of admissions been excluded at trial. The subsequent revelation of perjured police testimony means that the convictions cannot stand, as there has been a miscarriage of justice.

Court Disposition

Appeal allowed; convictions quashed; verdicts of acquittal entered; no new trial ordered.

Orders

  • ['Appeal allowed' 'Convictions quashed' 'Judgment and verdicts of acquittal entered' 'No new trial ordered']