FB v R [2020] NSWCCA 137

FB v R [2020] NSWCCA 137

The trial did not miscarry due to improper use of rebuttal evidence or directions; there was no real possibility the jury misapplied rebuttal evidence, and there was no miscarriage of justice. The evidence supported the verdicts beyond reasonable doubt; leave to appeal was granted to the extent necessary, but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
24 June 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal From Conviction
Outcome
Leave to appeal granted to the extent necessary, appeal dismissed. Applicant to be returned to custody to serve sentence.
Legal Topics
['appeal Against Conviction' 'good Character Evidence' 'rebuttal Evidence' 'tendency Evidence' 'context Evidence' 'directions to Jury' 'miscarriage of Justice']
['criminal Law' 'evidence'] ['appeal Against Conviction' 'good Character Evidence' 'rebuttal Evidence' 'tendency Evidence' 'context Evidence' 'directions to Jury' 'miscarriage of Justice']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Judgment on Appeal From Conviction

Legal Issues

  1. 1 ["Whether prosecution's use of rebuttal evidence was impermissible in closing address" "Whether prosecutor mischaracterised or undermined accused's good character evidence" 'Adequacy of jury directions regarding use of character and rebuttal evidence' 'Whether verdicts were unreasonable']

Ratio Decidendi

The trial did not miscarry due to improper use of rebuttal evidence or directions; there was no real possibility the jury misapplied rebuttal evidence, and there was no miscarriage of justice. The evidence supported the verdicts beyond reasonable doubt; leave to appeal was granted to the extent necessary, but the appeal was dismissed.

Court Disposition

Leave to appeal granted to the extent necessary, appeal dismissed. Applicant to be returned to custody to serve sentence.

Orders

  • ['To the extent necessary, grant the applicant leave to appeal against his convictions.' 'Dismiss the appeal.' 'Order that the applicant be returned to custody to serve the balance of the sentence imposed on him in the District Court.']