Darren Peter Wade v Regina [2006] NSWCCA 295

Darren Peter Wade v Regina [2006] NSWCCA 295

The delay was just short of four years, the issue was narrow, there was no suggested lost opportunity to obtain other witnesses or records, and the appellant's evidence showed that he remembered the events of the night. In those circumstances, the trial judge's directions sufficiently conveyed that the appellant's ability to defend himself was compromised by fading memory and that the jury had to bear that in mind; the directions bore judicial authority and were adequate, so no miscarriage of justice was shown.

Jurisdiction
Australia
Judgment Date
20 September 2006
Procedural Posture
Criminal Appeal Against Conviction / Appeal to the New South Wales Court of Criminal Appeal
Outcome
Appeal dismissed.
Legal Topics
['sexual Assault' 'delay in Complaint' 'longman Direction' 'jury Directions' 'miscarriage of Justice']
['criminal Law'] ['sexual Assault' 'delay in Complaint' 'longman Direction' 'jury Directions' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Appeal to the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the trial judge failed to adequately warn the jury of the danger in convicting the appellant on the complainant's evidence where there was delay in complaint." "Whether the trial judge's directions concerning delay used sufficient language of warning and bore the weight and authority of the court."]

Ratio Decidendi

The delay was just short of four years, the issue was narrow, there was no suggested lost opportunity to obtain other witnesses or records, and the appellant's evidence showed that he remembered the events of the night. In those circumstances, the trial judge's directions sufficiently conveyed that the appellant's ability to defend himself was compromised by fading memory and that the jury had to bear that in mind; the directions bore judicial authority and were adequate, so no miscarriage of justice was shown.

Court Disposition

Appeal dismissed.

Orders

  • ['Leave to appeal on the ground refused.' 'Appeal dismissed.']