DTS v Regina [2008] NSWCCA 329

DTS v Regina [2008] NSWCCA 329

A Murray direction was not required for count 1 because the complainant's friend's evidence substantially supported the complainant's account, so it was not a case strictly of 'word on word.' The trial judge was correct in not providing a Murray direction in those circumstances, as there was no unfairness to the appellant nor miscarriage of justice. The direction regarding relationship evidence was also correct, as such evidence did not need to be proved beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
19 December 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['murray Direction' 'corroboration' 'relationship Evidence' 'jury Directions' 'standard of Proof']
['criminal Law'] ['murray Direction' 'corroboration' 'relationship Evidence' 'jury Directions' 'standard of Proof']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred in failing to give a Murray direction in respect of count 1' 'Whether the failure to give a Murray direction in respect of count 1 may have confused the jury' 'Whether the trial judge erred in informing the jury that the Murray direction was required as a matter of law' 'Whether the jury should have been directed that relationship evidence needed to be proved beyond reasonable doubt']

Ratio Decidendi

A Murray direction was not required for count 1 because the complainant's friend's evidence substantially supported the complainant's account, so it was not a case strictly of 'word on word.' The trial judge was correct in not providing a Murray direction in those circumstances, as there was no unfairness to the appellant nor miscarriage of justice. The direction regarding relationship evidence was also correct, as such evidence did not need to be proved beyond reasonable doubt.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']