R v Pollock [2005] NSWCCA 316

R v Pollock [2005] NSWCCA 316

None of the fresh evidence—concerning credibility or purported misconduct of police witnesses—was found to meet the established tests for fresh evidence on appeal; either the material was inadmissible, not sufficiently probative, or not relevant enough to the police testimony critical to conviction. Therefore, there is no significant possibility that the jury acting reasonably would have acquitted the appellant, and no miscarriage of justice is established.

Jurisdiction
Australia
Judgment Date
22 September 2005
Procedural Posture
Criminal Appeal / Application for Review of Conviction (fresh Evidence Appeal)
Outcome
Appeal dismissed
Legal Topics
['murder' 'fresh Evidence' 'admissibility of Evidence' 'credibility of Witnesses' 'criminal Procedure']
['criminal Law'] ['murder' 'fresh Evidence' 'admissibility of Evidence' 'credibility of Witnesses' 'criminal Procedure']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Review of Conviction (fresh Evidence Appeal)

Legal Issues

  1. 1 ["Whether fresh evidence concerning police witnesses' credibility justifies quashing the conviction for murder" 'Whether the alleged confessional material was admissible and voluntary' 'Whether failures or misconduct by police in other cases cast sufficient doubt on the police evidence in this trial']

Ratio Decidendi

None of the fresh evidence—concerning credibility or purported misconduct of police witnesses—was found to meet the established tests for fresh evidence on appeal; either the material was inadmissible, not sufficiently probative, or not relevant enough to the police testimony critical to conviction. Therefore, there is no significant possibility that the jury acting reasonably would have acquitted the appellant, and no miscarriage of justice is established.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']