Davis v R [2018] NSWCCA 277

Davis v R [2018] NSWCCA 277

The circumstantial and coincidence evidence, including the opportunity, access, and elimination of other suspects, together with similar circumstances and timeframe, was sufficient to establish that the applicant was guilty of the offences beyond reasonable doubt. The judge's approach to coincidence reasoning was consistent with statutory requirements, and the verdicts were reasonably open on the evidence.

Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction; Substantive Appeal Against Conviction
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['coincidence Evidence' 'circumstantial Evidence' 'admissibility' 'unreasonable Verdict' 'standard of Proof']
['criminal Law' 'evidence'] ['coincidence Evidence' 'circumstantial Evidence' 'admissibility' 'unreasonable Verdict' 'standard of Proof']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Conviction; Substantive Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the trial judge erred in admitting evidence for a coincidence purpose under s 98 of the Evidence Act 1995 (NSW)' "Whether the trial judge erred by using coincidence evidence in a process of 'backwards reasoning' thereby reversing the onus of proof" 'Whether the verdicts were unreasonable and not supported by the evidence']

Ratio Decidendi

The circumstantial and coincidence evidence, including the opportunity, access, and elimination of other suspects, together with similar circumstances and timeframe, was sufficient to establish that the applicant was guilty of the offences beyond reasonable doubt. The judge's approach to coincidence reasoning was consistent with statutory requirements, and the verdicts were reasonably open on the evidence.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

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