Cottrell v R [2012] NSWCCA 117

Cottrell v R [2012] NSWCCA 117

Upon an independent assessment of the evidence, it was open to the jury to be satisfied beyond reasonable doubt of the applicant's guilt as charged, notwithstanding issues with the credibility of some Crown witnesses. Matters raised by the applicant concerning credibility and inconsistencies were within the proper province of the jury to assess.

Jurisdiction
Australia
Judgment Date
04 June 2012
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Against Conviction
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['conviction Appeal' 'jury Verdict' 'unreasonable Verdict' 'perverting the Course of Justice' 'perjury' 'assessment of Evidence']
['criminal Law'] ['conviction Appeal' 'jury Verdict' 'unreasonable Verdict' 'perverting the Course of Justice' 'perjury' 'assessment of Evidence']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the verdicts of guilty were unreasonable or could not be supported by the evidence' 'Whether the applicant was wrongly convicted due to witness credibility concerns' 'Whether applicant prevailed on witnesses to make false statements/testimony']

Ratio Decidendi

Upon an independent assessment of the evidence, it was open to the jury to be satisfied beyond reasonable doubt of the applicant's guilt as charged, notwithstanding issues with the credibility of some Crown witnesses. Matters raised by the applicant concerning credibility and inconsistencies were within the proper province of the jury to assess.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']