Taylor-Joycey v R [2021] NSWCCA 29

Taylor-Joycey v R [2021] NSWCCA 29

Grounds 1-6 (conviction appeal) did not establish error or miscarriage as the absence of certain directions or specific warnings did not lead to unfairness given the conduct of the trial and the evidence; The unreasonable verdict ground (7) failed because the verdicts were open to the jury on the evidence. Sentence grounds 8-9 were not made out, as the sentencing judge's factual findings and assessment of objective seriousness were open on the evidence.

Jurisdiction
Australia
Judgment Date
10 March 2021
Procedural Posture
Criminal Appeal / Court of Criminal Appeal (judgment on Conviction and Sentence Appeal)
Outcome
Conviction and sentence appeals dismissed; leave to appeal refused on some grounds, granted but dismissed on others.
Legal Topics
['appeal Against Conviction' 'appeal Against Sentence' 'jury Directions' 'right to Silence' 'consciousness of Guilt' 'hearsay Evidence' 'unreasonable Verdict' 'sentence – Objective Seriousness']
['criminal Law'] ['appeal Against Conviction' 'appeal Against Sentence' 'jury Directions' 'right to Silence' 'consciousness of Guilt' 'hearsay Evidence' 'unreasonable Verdict' 'sentence – Objective Seriousness']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal (judgment on Conviction and Sentence Appeal)

Legal Issues

  1. 1 ['Whether the trial judge erred in directions on the right to silence' 'Whether improper directions or lack thereof were given as to jury inference from post-offence conduct' 'Whether failure to give directions regarding witnesses not called, hearsay, and motive to lie constituted miscarriage of justice' 'Whether the verdicts were unreasonable' 'Whether the factual findings and assessment of objective seriousness on sentence were open on the evidence']

Ratio Decidendi

Grounds 1-6 (conviction appeal) did not establish error or miscarriage as the absence of certain directions or specific warnings did not lead to unfairness given the conduct of the trial and the evidence; The unreasonable verdict ground (7) failed because the verdicts were open to the jury on the evidence. Sentence grounds 8-9 were not made out, as the sentencing judge's factual findings and assessment of objective seriousness were open on the evidence.

Court Disposition

Conviction and sentence appeals dismissed; leave to appeal refused on some grounds, granted but dismissed on others.

Orders

  • ['Refuse leave under rule 4 of the Criminal Appeal Rules to appeal on grounds 1-6.' 'Grant leave to appeal against the conviction on ground 7.' 'Dismiss the appeal against conviction.' 'Grant leave to appeal against sentence.' 'Dismiss the appeal against sentence.']