EC (a pseudonym) v R [2023] NSWCCA 66

EC (a pseudonym) v R [2023] NSWCCA 66

The absence of credible, fresh evidence concerning the appellant's clothing on the relevant day occasioned a miscarriage of justice; however, as the complainant has not been examined upon the new evidence and there remains supporting evidence for the prosecution case, the interests of justice require a retrial, not an acquittal.

Jurisdiction
Australia
Judgment Date
24 March 2023
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Decision
Outcome
Appeal allowed; conviction quashed; retrial ordered
Legal Topics
['appeal and Review' 'miscarriage of Justice' 'fresh Evidence' 'conviction Inquiry' 'retrial Discretion']
['criminal Law'] ['appeal and Review' 'miscarriage of Justice' 'fresh Evidence' 'conviction Inquiry' 'retrial Discretion']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Decision

Legal Issues

  1. 1 ['Whether absence of evidence from trial and appeal amounted to miscarriage of justice' 'Appropriate relief: acquittal or retrial']

Ratio Decidendi

The absence of credible, fresh evidence concerning the appellant's clothing on the relevant day occasioned a miscarriage of justice; however, as the complainant has not been examined upon the new evidence and there remains supporting evidence for the prosecution case, the interests of justice require a retrial, not an acquittal.

Court Disposition

Appeal allowed; conviction quashed; retrial ordered

Orders

  • ['Appeal allowed.' "Quash the conviction on Sequence 8 recorded in the Children's Court on 25 January 2016 (and confirmed in the District Court on 8 September 2016)." "Remit the proceedings to the Children's Court for a retrial of Sequence 8." "List the proceedings before the Registrar of the Children's Court for...