DL v R [2017] NSWCCA 57

DL v R [2017] NSWCCA 57

Although fresh evidence and the experts' agreement established material errors in Detective Sergeant Moon's bloodstain pattern analysis evidence and a sufficient risk of procedural unfairness from the Easter experiments to make proposed grounds 1(a), 1(c) and 3 warrant leave, the appeal was dismissed because the proviso applied. The evidence independent of the flawed bloodstain analysis, including the deceased's dying declarations identifying DL, the deceased's blood on DL's clothing, DL's inconsistent accounts of his hand injury and attempted flight, proved guilt beyond reasonable doubt. The fresh expert evidence also confirmed that cast-off bloodstains behind the right shoulder of DL's...

Jurisdiction
Australia
Judgment Date
13 April 2017
Procedural Posture
Criminal Appeal Against Conviction / Application for Extension of Time and Leave to Appeal; Appeal Against Conviction
Outcome
Extension of time and leave to appeal granted in relation to proposed grounds 1(a), 1(c) and 3; leave otherwise refused; appeal against conviction dismissed.
Legal Topics
['murder' 'conviction Appeal' 'bloodstain Pattern Analysis Evidence' 'fresh Evidence on Appeal' 'procedural Fairness' 'proviso' 'crown Closing Address' 'leave to Appeal Out of Time']
['criminal Law' 'evidence' 'criminal Procedure'] ['murder' 'conviction Appeal' 'bloodstain Pattern Analysis Evidence' 'fresh Evidence on Appeal' 'procedural Fairness' 'proviso' 'crown Closing Address' 'leave to Appeal Out of Time']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Application for Extension of Time and Leave to Appeal; Appeal Against Conviction

Legal Issues

  1. 1 ["Whether late service of Detective Sergeant Moon's report and disclosure of experiments conducted over Easter caused irremediable procedural unfairness." "Whether Detective Sergeant Moon's bloodstain pattern analysis evidence was inadmissible or misleading." 'Whether fresh evidence on appeal established a miscarriage of justice in relation to the bloodstain pattern analysis evidence at trial.' "Whether aspects of the Crown Prosecutor's closing address caused the trial to miscarry." 'Whether the proviso in s 6 of the Criminal Appeal Act 1912 (NSW) should be applied despite established error.']

Ratio Decidendi

Although fresh evidence and the experts' agreement established material errors in Detective Sergeant Moon's bloodstain pattern analysis evidence and a sufficient risk of procedural unfairness from the Easter experiments to make proposed grounds 1(a), 1(c) and 3 warrant leave, the appeal was dismissed because the proviso applied. The evidence independent of the flawed bloodstain analysis, including the deceased's dying declarations identifying DL, the deceased's blood on DL's clothing, DL's inconsistent accounts of his hand injury and attempted flight, proved guilt beyond reasonable doubt. The fresh expert evidence also confirmed that cast-off bloodstains behind the right shoulder of DL's...

Court Disposition

Extension of time and leave to appeal granted in relation to proposed grounds 1(a), 1(c) and 3; leave otherwise refused; appeal against conviction dismissed.

Orders

  • ['Extend time and grant leave to appeal in relation to proposed grounds 1(a), 1(c) and 3.' 'Otherwise refuse leave.' 'Appeal against conviction dismissed.']