Poniris v R [2014] NSWCCA 100

Poniris v R [2014] NSWCCA 100

The trial judge was not obliged to consider s 137 unless explicitly raised; objections at trial on relevance do not permit new evidentiary grounds to be raised on appeal without leave under r 4. No miscarriage of justice occurred by admission or use of the exhibits or the directions given; no deficiency in jury directions was established.

Jurisdiction
Australia
Judgment Date
05 June 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction; Judgment of Appellate Court
Outcome
Appeal dismissed; leave refused to rely on grounds of appeal
Legal Topics
['appeal Against Conviction' 'admission of Evidence' 'section 137 Evidence Act' 'criminal Appeal Rules' 'jury Directions' 'motive to Lie']
['criminal Law'] ['appeal Against Conviction' 'admission of Evidence' 'section 137 Evidence Act' 'criminal Appeal Rules' 'jury Directions' 'motive to Lie']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction; Judgment of Appellate Court

Legal Issues

  1. 1 ['Whether defence counsel implicitly relied upon s 137 Evidence Act at trial' 'Whether trial judge obliged to consider application of s 137 in absence of reliance' 'Whether leave required under r 4 Criminal Appeal Rules to argue objections on appeal not raised at trial' 'Whether trial judge failed to advise jury of limitations on use of evidence' 'Whether trial judge properly directed jury on motive to lie']

Ratio Decidendi

The trial judge was not obliged to consider s 137 unless explicitly raised; objections at trial on relevance do not permit new evidentiary grounds to be raised on appeal without leave under r 4. No miscarriage of justice occurred by admission or use of the exhibits or the directions given; no deficiency in jury directions was established.

Court Disposition

Appeal dismissed; leave refused to rely on grounds of appeal

Orders

  • ['Refuse leave to the appellant to rely on any of his four grounds of appeal.' 'Appeal dismissed.']