CC v Regina [2010] NSWCCA 337

CC v Regina [2010] NSWCCA 337

The appellant was not afforded a fair trial because the trial judge fully summarised the Crown case but referred only to aspects of the defence case, disparaged the appellant's account concerning the text message, gave no direction to assist the jury in relation to the CW meeting evidence that might be treated as consciousness of guilt, and did not refer to important credibility attacks on the complainant and her mother. The summing up therefore fell short of the requirement that the defence case be fairly presented to the jury.

Jurisdiction
Australia
Judgment Date
10 December 2010
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time, Appeal Against Conviction, and Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal out of time granted; appeal allowed; conviction quashed; new trial ordered; application for leave to appeal against sentence not dealt with.
Legal Topics
['summing Up to Jury' 'failure to Put Defence Case' 'consciousness of Guilt' 'sexual Offences' 'leave to Appeal Out of Time']
['criminal Law' 'criminal Procedure'] ['summing Up to Jury' 'failure to Put Defence Case' 'consciousness of Guilt' 'sexual Offences' 'leave to Appeal Out of Time']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Out of Time, Appeal Against Conviction, and Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the trial judge failed to properly put the defence case in the summing up.' 'Whether a direction in accordance with Edwards v R (1993) 178 CLR 193 should have been given in relation to evidence that might be interpreted as consciousness of guilt.' 'Whether the summing up was balanced enough to afford the appellant a fair trial.']

Ratio Decidendi

The appellant was not afforded a fair trial because the trial judge fully summarised the Crown case but referred only to aspects of the defence case, disparaged the appellant's account concerning the text message, gave no direction to assist the jury in relation to the CW meeting evidence that might be treated as consciousness of guilt, and did not refer to important credibility attacks on the complainant and her mother. The summing up therefore fell short of the requirement that the defence case be fairly presented to the jury.

Court Disposition

Leave to appeal out of time granted; appeal allowed; conviction quashed; new trial ordered; application for leave to appeal against sentence not dealt with.

Orders

  • ['Leave to appeal out of time is granted.' 'Appeal is allowed.' 'Conviction is quashed.' 'New trial is ordered.' 'It is not necessary to deal with the application for leave to appeal against sentence.']