R v Woodside [2004] NSWCCA 375

R v Woodside [2004] NSWCCA 375

The appeal was dismissed because, giving full regard to the District Court judge's advantage in seeing and hearing the witnesses, it was open to the judge to accept the direct evidence of Mrs Martin and Ms Jones and to be satisfied beyond reasonable doubt that the appellant committed both assaults. The matters relied on by the appellant, individually or collectively, did not compel a conclusion contrary to the primary judge's findings.

Jurisdiction
Australia
Judgment Date
03 November 2004
Procedural Posture
Criminal Appeal/reference Against Convictions for Common Assault / Attorney General Reference Under S 474 C(1)(b) of the Crimes Act to the Court of Criminal Appeal, Dealt With as an Appeal Under the Criminal Appeal Act; Challenge to District Court Dismissal of Appeal From Local Court Convictions.
Outcome
Appeal dismissed.
Legal Topics
['common Assault' 'unreasonable Verdict' 'unsafe or Unsatisfactory Verdict' 'credibility Findings' 'appeal Against Conviction' 'attorney General Reference']
['criminal Law' 'criminal Procedure' 'evidence'] ['common Assault' 'unreasonable Verdict' 'unsafe or Unsatisfactory Verdict' 'credibility Findings' 'appeal Against Conviction' 'attorney General Reference']

Case Brief

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Procedural Posture

Criminal Appeal/reference Against Convictions for Common Assault / Attorney General Reference Under S 474 C(1)(b) of the Crimes Act to the Court of Criminal Appeal, Dealt With as an Appeal Under the Criminal Appeal Act; Challenge to District Court Dismissal of Appeal From Local Court Convictions.

Legal Issues

  1. 1 ['Whether the convictions were unreasonable or could not be supported having regard to the evidence.' 'Whether it was reasonably open to the District Court judge to accept the evidence of the principal Crown witnesses and be satisfied beyond reasonable doubt of guilt on both charges.']

Ratio Decidendi

The appeal was dismissed because, giving full regard to the District Court judge's advantage in seeing and hearing the witnesses, it was open to the judge to accept the direct evidence of Mrs Martin and Ms Jones and to be satisfied beyond reasonable doubt that the appellant committed both assaults. The matters relied on by the appellant, individually or collectively, did not compel a conclusion contrary to the primary judge's findings.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.']