R v Brittain [1999] NSWSC 559

R v Brittain [1999] NSWSC 559

Because the fresh material concerning Detectives Clout and Cohen raised a doubt or question as to part of the evidence in the case against Mr Brittain, the whole case was referred to the Court of Criminal Appeal under s 474E(1)(b).

Jurisdiction
Australia
Judgment Date
10 June 1999
Procedural Posture
Application Pursuant to S 474 D of the Crimes Act 1900 for Review of Conviction / Determination of Application Seeking Referral of the Whole Case to the Court of Criminal Appeal Under S 474 E(1)(b)
Outcome
The whole of the case was referred to the Court of Criminal Appeal to be dealt with as an appeal under the Court of Criminal Appeal Act 1912.
Legal Topics
['review of Conviction' 'referral to Court of Criminal Appeal' 'fresh Material' 'circumstantial Evidence' 'police Corruption Allegations']
['criminal Law' 'criminal Procedure'] ['review of Conviction' 'referral to Court of Criminal Appeal' 'fresh Material' 'circumstantial Evidence' 'police Corruption Allegations']

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Procedural Posture

Application Pursuant to S 474 D of the Crimes Act 1900 for Review of Conviction / Determination of Application Seeking Referral of the Whole Case to the Court of Criminal Appeal Under S 474 E(1)(b)

Legal Issues

  1. 1 ['Whether fresh material concerning Detectives Clout and Cohen raised a doubt or question as to part of the evidence in the case against Mr Brittain.' "Whether the whole of Mr Brittain's case should be referred to the Court of Criminal Appeal to be dealt with as an appeal under the Court of Criminal Appeal Act 1912."]

Ratio Decidendi

Because the fresh material concerning Detectives Clout and Cohen raised a doubt or question as to part of the evidence in the case against Mr Brittain, the whole case was referred to the Court of Criminal Appeal under s 474E(1)(b).

Court Disposition

The whole of the case was referred to the Court of Criminal Appeal to be dealt with as an appeal under the Court of Criminal Appeal Act 1912.

Orders

  • ['In accordance with s 474E(1)(b), the whole of the case is referred to the Court of Criminal Appeal to be dealt with as an appeal under the Court of Criminal Appeal Act 1912.']