Gordon v R [2009] NSWCCA 60

Gordon v R [2009] NSWCCA 60

Leave to amend was refused because the matters relied on in support of the proposed unsafe or dangerous verdict ground were incapable, on the material before the Court, of demonstrating a miscarriage: the record showed no undue pressure on the jury, the jury had been told they could go home and return on Monday if they wished, and the alleged distress of a juror did not support the conclusion sought.

Jurisdiction
Australia
Judgment Date
09 March 2009
Procedural Posture
Criminal Appeal Procedural Ruling / Application to Amend Grounds of Appeal to Add an Additional Ground
Outcome
Leave to amend ground refused
Legal Topics
['application to Add Ground of Appeal' 'unsafe And/or Dangerous Verdict' 'jury Deliberations' 'miscarriage of Justice']
['criminal Law and Procedure'] ['application to Add Ground of Appeal' 'unsafe And/or Dangerous Verdict' 'jury Deliberations' 'miscarriage of Justice']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Procedural Ruling / Application to Amend Grounds of Appeal to Add an Additional Ground

Legal Issues

  1. 1 ['Whether leave should be granted to amend the grounds of appeal to add a ground that the verdict was unsafe and/or dangerous in all the circumstances of the proceedings.' 'Whether alleged undue time pressure on the jury and an observation that a juror appeared distressed when returning the verdict could demonstrate a miscarriage.']

Ratio Decidendi

Leave to amend was refused because the matters relied on in support of the proposed unsafe or dangerous verdict ground were incapable, on the material before the Court, of demonstrating a miscarriage: the record showed no undue pressure on the jury, the jury had been told they could go home and return on Monday if they wished, and the alleged distress of a juror did not support the conclusion sought.

Court Disposition

Leave to amend ground refused

Orders

  • ['Leave is refused.']