DC v R [2019] NSWCCA 234

DC v R [2019] NSWCCA 234

The trial judge's failure to instruct the jury regarding the use of lies in the appellant's interview and the risk of consciousness of guilt reasoning constituted a miscarriage of justice, notwithstanding the tactical decision by defence counsel not to request such a direction. A fair trial required the jury be specifically instructed that any lies found could not be used as evidence of guilt and could only relate to credibility.

Jurisdiction
Australia
Judgment Date
02 October 2019
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal allowed
Legal Topics
['appeal Against Conviction' 'sexual Assault' 'jury Directions' 'consciousness of Guilt' 'admissions' 'prior Inconsistent Statements']
['criminal Law'] ['appeal Against Conviction' 'sexual Assault' 'jury Directions' 'consciousness of Guilt' 'admissions' 'prior Inconsistent Statements']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 ["Whether evidence from appellant's police interview should have been admitted" "Whether Crown's closing address improperly invited consciousness of guilt reasoning from alleged lies in interview" 'Whether trial judge erred in failing to direct jury on lies or consciousness of guilt reasoning']

Ratio Decidendi

The trial judge's failure to instruct the jury regarding the use of lies in the appellant's interview and the risk of consciousness of guilt reasoning constituted a miscarriage of justice, notwithstanding the tactical decision by defence counsel not to request such a direction. A fair trial required the jury be specifically instructed that any lies found could not be used as evidence of guilt and could only relate to credibility.

Court Disposition

Appeal allowed

Orders

  • ['Grant leave to appeal under r 4 of the Criminal Appeal Rules in respect of ground 3' 'Allow the appeal' 'Quash the convictions and sentences' 'Order a re-trial of the appellant' 'Remit the matter for mention at the District Court at Sydney on 11 October 2019 at 9.30am']