GL v Regina [2014] NSWCCA 68
The summing up by the trial judge was so deficient in not putting the defence case coherently and clearly to the jury, particularly regarding the dates critical to the charges, as to occasion a miscarriage of justice; this required quashing the convictions and ordering a new trial.
- Parties
- Appellant: GL; Respondent Crown: Regina
- Jurisdiction
- Australia
- Judgment Date
- 09 May 2014
- Procedural Posture
- Criminal Conviction Appeal / Court of Criminal Appeal (nsw) Judgment
- Outcome
- Conviction quashed, new trial ordered
- Legal Topics
- Conviction Appeal, Summing Up (jury Directions), Misdirection, Aggravated Sexual Assault, Indecent Assault of Child Under 16, Miscarriage of Justice, Jury Discharge, Complaint Evidence
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
GL
Appellant
Regina
Respondent Crown
Procedural Posture
Criminal Conviction Appeal / Court of Criminal Appeal (nsw) Judgment
Legal Issues
- 1 Whether summing up by the trial judge was deficient
- 2 Whether trial judge misdirected the jury
- 3 Whether the defence case was adequately put to the jury
Ratio Decidendi
The summing up by the trial judge was so deficient in not putting the defence case coherently and clearly to the jury, particularly regarding the dates critical to the charges, as to occasion a miscarriage of justice; this required quashing the convictions and ordering a new trial.
Court Disposition
Conviction quashed, new trial ordered
Orders
- The conviction of the appellant in respect of counts 1, 3, 5, and 6 on 5 June 2013 is quashed.
- A new trial be ordered.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment