Regina v David James Dodd [2002] NSWCCA 418

Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

1. 1 ['Whether the trial judge failed to give adequate warnings about the dangers of relying on resemblance and identification evidence.' 'Whether the trial judge failed to warn adequately about the dangers of relying on the evidence of Kerrie June Newman.' 'Whether the trial judge failed to direct the jury on the significance and use of alleged threats by the appellant to Kerrie June Newman.' 'Whether the trial judge failed to direct the jury on the significance and use of evidence that the appellant had shaved.' 'Whether the trial judge improperly directed the jury to ignore aspects of the defence address.' "Whether the trial judge failed to direct the jury adequately about the appellant's failure to give evidence." 'Whether the summing-up was unbalanced or otherwise caused a substantial miscarriage of justice.' 'Whether there was error in the sentence imposed.']

Ratio Decidendi

The appeal against conviction failed because, although there were blemishes in the summing-up concerning the alleged threat and shaving evidence, they did not cause an actual and substantial miscarriage of justice. The trial judge gave adequate warnings and directions on identification evidence, Kerrie June Newman's evidence, the appellant's silence, and the jury's fact-finding task. The sentence disclosed no patent error and the Court was not persuaded of latent error, given the objective seriousness of the offence, the appellant's antecedents, and the fact that he offended while on bail and subject to a good behaviour bond.

Court Disposition

Appeal against conviction dismissed; leave granted to appeal against sentence; appeal against sentence dismissed.

Orders

• ['The appeal against conviction be dismissed.' 'Leave be granted to appeal against sentence.' 'The appeal against sentence be dismissed.']