Regina v Gilbert Adam [1999] NSWCCA 197

Regina v Gilbert Adam [1999] NSWCCA 197

The appeal was dismissed as the verdict was open to the jury on the evidence, and the trial judge did not err in failing to discharge the jury or in admitting prior inconsistent statements under ss60 and 66 of the Evidence Act 1995, given their relevance and the effectiveness of judicial directions to address any...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 July 1999
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
['murder' 'unsafe and Unsatisfactory Verdict' 'appeal Against Conviction' 'jury Discharge' 'hearsay Exception' 'admissibility of Previous Representation' 'acting in Concert' 'consciousness of Guilt']
['criminal Law' 'evidence'] ['murder' 'unsafe and Unsatisfactory Verdict' 'appeal Against Conviction' 'jury Discharge' 'hearsay Exception' 'admissibility of Previous Representation' 'acting in Concert' 'consciousness of Guilt']

Source-derived case record

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Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ["Whether the jury's verdict was unsafe and unsatisfactory" 'Whether the trial judge erred in not discharging the jury after prejudicial material was found in the jury room' 'Whether the trial judge erred in admitting the evidence of the witness Thaier Sako, including his prior statements']

Ratio Decidendi

The appeal was dismissed as the verdict was open to the jury on the evidence, and the trial judge did not err in failing to discharge the jury or in admitting prior inconsistent statements under ss60 and 66 of the Evidence Act 1995, given their relevance and the effectiveness of judicial directions to address any prejudice.

Court Disposition

appeal dismissed

Orders

  • ['Leave to appeal against sentence refused.' 'Appeal dismissed.']