Regina v Attalah [2004] NSWCCA 318

Regina v Attalah [2004] NSWCCA 318

The appeal was allowed because the trial judge failed to inform the jury of the risk Mr Youssef faced if he did not give evidence favorable to the Crown, a matter relevant under s 165(2)(b) of the Evidence Act and required by R v Stewart, resulting in a miscarriage of justice.

Parties
Crown: Regina; Appellant: George Attalah
Jurisdiction
Australia
Judgment Date
20 September 2004
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed. Convictions quashed. Judgments of acquittal entered.
Legal Topics
Unreliable Evidence, Co Offender Testimony, Jury Directions
Criminal Law Unreliable Evidence Co Offender Testimony Jury Directions

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Crown

George Attalah

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred by not directing the jury as to the risk the witness faced if his evidence was unfavorable to the Crown
  2. 2 Whether the direction given complied with s 165(2) of Evidence Act 1995
  3. 3 Whether the appeal should be allowed and conviction quashed

Ratio Decidendi

The appeal was allowed because the trial judge failed to inform the jury of the risk Mr Youssef faced if he did not give evidence favorable to the Crown, a matter relevant under s 165(2)(b) of the Evidence Act and required by R v Stewart, resulting in a miscarriage of justice.

Court Disposition

Appeal allowed. Convictions quashed. Judgments of acquittal entered.

Orders

  • Appeal allowed.
  • Convictions quashed.