Dogan v R [2020] NSWCCA 151

The application for an extension of time to file the notice of application for leave to appeal is refused because the trial judge was not required to be independently satisfied of the condition in s 306P(2) given parties' consent; no miscarriage of justice occurred.

Jurisdiction: Australia
Judgment Date: 03 July 2020
Procedural Posture: Criminal Appeal / Application for Extension of Time to File Notice of Application for Leave to Appeal
Outcome: Application refused
Legal Topics: ['appeals Against Conviction' 'vulnerable Witnesses' 'cognitive Impairment' 'admissibility of Evidence' 'miscarriage of Justice']

['criminal Law'] ['appeals Against Conviction' 'vulnerable Witnesses' 'cognitive Impairment' 'admissibility of Evidence' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Extension of Time to File Notice of Application for Leave to Appeal

Legal Issues

1 ['Whether trial judge was required to be independently satisfied of the condition in s 306P(2) Criminal Procedure Act 1986 before permitting a cognitively impaired complainant to give evidence by recorded interview' "Whether there was a miscarriage of justice arising from the manner in which the complainant's evidence was given" 'Whether an extension of time to file notice of application for leave to appeal should be granted']

Ratio Decidendi

Court Disposition

Application refused

Orders

['The application for an extension of time in which to file the notice of application for leave to appeal is refused.']