Lyndon v R [2014] NSWCCA 112

Lyndon v R [2014] NSWCCA 112

The convictions were upheld because, although aspects of the prosecutor's address were inappropriate and had some prejudicial tendency, in the context of the trial as a whole and absent objection no miscarriage of justice was shown; the proposed medical evidence did not establish that kneeling was impossible and its absence did not cause the trial to miscarry; no tendency warning was required or sought where the prosecution did not rely on tendency reasoning and the jury was directed to consider each count separately; and the evidence of SG supported by TG provided a rational basis for the guilty verdicts.

Jurisdiction
Australia
Judgment Date
24 June 2014
Procedural Posture
Criminal Conviction Appeal/application for Leave to Appeal / Court of Criminal Appeal Decision on Leave to Appeal and Appeal
Outcome
Leave to appeal refused on ground 3; leave granted on grounds 1, 4 and 5; appeal dismissed.
Legal Topics
["prosecutor's Closing Address" 'credibility of Child Complainants' 'tendency Evidence' 'unreasonable Verdict' 'failure to Call Medical Evidence' 'competence of Defence Counsel' 'audio Recording of Closing Address']
['criminal Law' 'evidence' 'criminal Procedure'] ["prosecutor's Closing Address" 'credibility of Child Complainants' 'tendency Evidence' 'unreasonable Verdict' 'failure to Call Medical Evidence' 'competence of Defence Counsel' 'audio Recording of Closing Address']

Case Brief

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Procedural Posture

Criminal Conviction Appeal/application for Leave to Appeal / Court of Criminal Appeal Decision on Leave to Appeal and Appeal

Legal Issues

  1. 1 ["Whether the prosecutor's closing address occasioned a miscarriage of justice by suggesting expertise about the credibility of children or by inviting impermissible reasoning from an alleged lie by the applicant." "Whether trial counsel's failure to call medical evidence concerning the applicant's ability to kneel caused a miscarriage of justice." 'Whether the trial judge erred by failing to direct the jury that evidence of acts alleged against one complainant could not be used as tendency evidence with respect to the other complainant.' 'Whether the guilty verdicts were unreasonable or could not be supported by the evidence.']

Ratio Decidendi

The convictions were upheld because, although aspects of the prosecutor's address were inappropriate and had some prejudicial tendency, in the context of the trial as a whole and absent objection no miscarriage of justice was shown; the proposed medical evidence did not establish that kneeling was impossible and its absence did not cause the trial to miscarry; no tendency warning was required or sought where the prosecution did not rely on tendency reasoning and the jury was directed to consider each count separately; and the evidence of SG supported by TG provided a rational basis for the guilty verdicts.

Court Disposition

Leave to appeal refused on ground 3; leave granted on grounds 1, 4 and 5; appeal dismissed.

Orders

  • ['Refuse leave to appeal with respect to ground 3.' 'Grant leave to appeal pursuant to s 5(1)(b) of the Criminal Appeal Act 1912 (NSW) in respect of grounds 1, 4 and 5.' 'Dismiss the appeal.']