CRAIGIE (aka CREIGHTON), Derek James v R [2013] NSWCCA 153

CRAIGIE (aka CREIGHTON), Derek James v R [2013] NSWCCA 153

The matters relied on by the appellant, individually and collectively, did not establish a miscarriage of justice. The delay was addressed by an adequate Longman direction, the late-served evidence was dealt with by trial counsel without any application to discharge the jury and in some respects emerged favourably to the appellant, the absence of potential witnesses did not show prejudice, and the juror's statement about Owen Craigie's whereabouts was not shown to result from improper enquiry or contact and did not establish a material irregularity.

Jurisdiction
Australia
Judgment Date
03 July 2013
Procedural Posture
Criminal Appeal Against Conviction / Appeal to the Court of Criminal Appeal From Convictions in the District Court
Outcome
Appeal dismissed
Legal Topics
['appeal Against Conviction' 'sexual Assault' 'delay and Forensic Disadvantage' 'late Service of Evidence' 'uncalled Witnesses' 'juror Misconduct' 'miscarriage of Justice']
['criminal Law' 'evidence' 'jury Procedure'] ['appeal Against Conviction' 'sexual Assault' 'delay and Forensic Disadvantage' 'late Service of Evidence' 'uncalled Witnesses' 'juror Misconduct' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Appeal to the Court of Criminal Appeal From Convictions in the District Court

Legal Issues

  1. 1 ['Whether the police investigation and late service of fresh material during the trial caused a substantial miscarriage of justice.' 'Whether the failure to call a number of potential Crown witnesses caused a miscarriage of justice.' "Whether a juror's statement about the whereabouts of a potential witness constituted misconduct causing the trial to miscarry."]

Ratio Decidendi

The matters relied on by the appellant, individually and collectively, did not establish a miscarriage of justice. The delay was addressed by an adequate Longman direction, the late-served evidence was dealt with by trial counsel without any application to discharge the jury and in some respects emerged favourably to the appellant, the absence of potential witnesses did not show prejudice, and the juror's statement about Owen Craigie's whereabouts was not shown to result from improper enquiry or contact and did not establish a material irregularity.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']