Greenhalgh v R [2017] NSWCCA 94

Greenhalgh v R [2017] NSWCCA 94

Leave to rely on all grounds of appeal was refused because the jury directions were not erroneous, any omissions did not demonstrate legal error or miscarriage of justice, no suitable alternative directions were formulated, and the lack of objection and possible tactical reasons for such omissions at trial further undermined the grounds. Accordingly, the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
15 May 2017
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction and Appeal Determination
Outcome
Leave to rely on grounds of appeal refused; appeal dismissed
Legal Topics
['appeals—leave to Appeal' 'jury Directions' 'sexual Offences—consent and Reasonable Belief']
['criminal Law'] ['appeals—leave to Appeal' 'jury Directions' 'sexual Offences—consent and Reasonable Belief']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction and Appeal Determination

Legal Issues

  1. 1 ['Whether there was error in jury directions on knowledge of lack of consent for indecent assault allegations' 'Whether the trial judge failed to identify the evidential basis for reasonable grounds for belief in consent regarding sexual allegations' 'Whether the trial judge failed to explain that evaluation of reasonable grounds must consider all circumstances, including sexual history' 'Whether the trial judge failed to direct that the evaluation of whether reasonable grounds existed was not a wholly objective test']

Ratio Decidendi

Leave to rely on all grounds of appeal was refused because the jury directions were not erroneous, any omissions did not demonstrate legal error or miscarriage of justice, no suitable alternative directions were formulated, and the lack of objection and possible tactical reasons for such omissions at trial further undermined the grounds. Accordingly, the appeal was dismissed.

Court Disposition

Leave to rely on grounds of appeal refused; appeal dismissed

Orders

  • ["With respect to grounds 1-4 in the document entitled 'Grounds of Appeal' filed on 25 October 2016, refuse leave to rely upon the grounds, pursuant to Criminal Appeal Rules (NSW), rule 4." 'Dismiss the appeal.']