GAR v R (No 2) [2010] NSWCCA 164

GAR v R (No 2) [2010] NSWCCA 164

None of the alleged errors, whether in refusal to discharge the jury, directions as to the reliability of evidence, fresh evidence, or reasonableness of the jury's verdicts, amounted to a miscarriage of justice. There was significant corroborative evidence beyond the disputed witness, and the judge's handling of the proceedings was within discretion. Appeal dismissed despite leave being granted.

Jurisdiction
Australia
Judgment Date
05 August 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal against conviction dismissed; leave to appeal granted.
Legal Topics
['armed Robbery' 'detain for Advantage' 'steal Motor Vehicle' 'fresh Evidence' 'jury Discharge' 'evidence Reliability' 'directions Concerning Delay' 'unreasonable Verdicts']
['criminal Law'] ['armed Robbery' 'detain for Advantage' 'steal Motor Vehicle' 'fresh Evidence' 'jury Discharge' 'evidence Reliability' 'directions Concerning Delay' 'unreasonable Verdicts']

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether refusal to discharge the jury amounted to a miscarriage of justice' 'Whether directions concerning evidence and delay were adequate, including s.165 Evidence Act 1995 and Longman warnings' 'Whether fresh evidence warranted setting aside convictions' 'Whether the verdicts were unreasonable or unsupported by evidence']

Ratio Decidendi

None of the alleged errors, whether in refusal to discharge the jury, directions as to the reliability of evidence, fresh evidence, or reasonableness of the jury's verdicts, amounted to a miscarriage of justice. There was significant corroborative evidence beyond the disputed witness, and the judge's handling of the proceedings was within discretion. Appeal dismissed despite leave being granted.

Court Disposition

Appeal against conviction dismissed; leave to appeal granted.

Orders

  • ['Leave to appeal granted.' 'Appeal against conviction dismissed.']