Franklin v Regina [2021] NSWCCA 260

Franklin v Regina [2021] NSWCCA 260

None of the grounds presented by the applicant, either individually or collectively, established a miscarriage of justice or raised a significant possibility that a reasonable jury would have acquitted on the evidence. The DNA evidence was properly admitted; expert and fresh evidence did not undermine the complainant's account or the reliability of the verdicts; allegations of police misconduct were unsubstantiated; and post-trial ASD diagnosis did not impinge on trial fairness. The appeal was dismissed.

Parties
Applicant: Craig Franklin; Crown: Regina
Jurisdiction
Australia
Judgment Date
08 November 2021
Procedural Posture
Criminal Appeal / Conviction Appeal; Post Sentence
Outcome
Appeal dismissed
Legal Topics
Domestic Violence, Sexual Assault, DNA Evidence, Jury Discharge, Fresh Evidence, Psychological Diagnosis, Police Misconduct, Unreasonable Verdict
Criminal Law Domestic Violence Sexual Assault DNA Evidence Jury Discharge Fresh Evidence Psychological Diagnosis Police Misconduct +1 more

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Parties

Craig Franklin

Applicant

Regina

Crown

Procedural Posture

Criminal Appeal / Conviction Appeal; Post Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting DNA evidence
  2. 2 Whether the trial judge erred in not discharging a juror or the jury
  3. 3 Whether fresh evidence should be admitted

Ratio Decidendi

None of the grounds presented by the applicant, either individually or collectively, established a miscarriage of justice or raised a significant possibility that a reasonable jury would have acquitted on the evidence. The DNA evidence was properly admitted; expert and fresh evidence did not undermine the complainant's account or the reliability of the verdicts; allegations of police misconduct were unsubstantiated; and post-trial ASD diagnosis did not impinge on trial fairness. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Extend until 1 September 2020 the time within which the applicant may seek leave to appeal against his conviction.
  • Grant leave to raise ground 2(c) in the notice of appeal and otherwise refuse leave to raise grounds 2 and 3.