R v GJH [2001] NSWCCA 128

R v GJH [2001] NSWCCA 128

The appeal was allowed because the trial judge failed to give a proper Longman warning regarding delay, and failed to direct the jury adequately regarding the significance of alleged lies by the appellant, both leading to a miscarriage of justice requiring the convictions to be quashed and a new trial ordered.

Jurisdiction
Australia
Judgment Date
24 April 2001
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; convictions quashed; new trial ordered.
Legal Topics
['appeal Against Sentence' 'indecent Assault' 'rape' 'miscarriage of Justice' 'jury Directions' 'delay' 'intoxication' 'alibi Evidence']
['criminal Law'] ['appeal Against Sentence' 'indecent Assault' 'rape' 'miscarriage of Justice' 'jury Directions' 'delay' 'intoxication' 'alibi Evidence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Failure to give Longman direction regarding delay' "Failure to give direction on if jury not satisfied with complainant's truthfulness" 'Failure to give direction in relation to intoxication' 'Failure to direct jury on significance of lies' 'Deficient directions concerning alibi evidence']

Ratio Decidendi

The appeal was allowed because the trial judge failed to give a proper Longman warning regarding delay, and failed to direct the jury adequately regarding the significance of alleged lies by the appellant, both leading to a miscarriage of justice requiring the convictions to be quashed and a new trial ordered.

Court Disposition

Appeal allowed; convictions quashed; new trial ordered.

Orders

  • ['Appeal allowed (by reference to Grounds 1 and 4).' 'Convictions quashed.' 'New trial ordered.']