Iskandar v R [2013] NSWCCA 256

Iskandar v R [2013] NSWCCA 256

The trial judge's directions to the jury, both oral and in writing, adequately conveyed the burden of proof resting with the Crown and the requirement to negative provocation beyond reasonable doubt. No error was established in the directions given, and there was no miscarriage of justice. As to the drawing of inferences, the judge's references to an 'equally open inference' mirrored the defence's own language and were accompanied by clear directions on the standard required when drawing inferences against the accused.

Jurisdiction
Australia
Judgment Date
08 November 2013
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Determination of Appeal
Outcome
Leave to rely on grounds of appeal refused; appeal dismissed.
Legal Topics
['murder' 'directions to Jury' 'defence of Provocation' 'bench Book Directions' 'standard of Proof' 'drawing Inferences']
['criminal Law'] ['murder' 'directions to Jury' 'defence of Provocation' 'bench Book Directions' 'standard of Proof' 'drawing Inferences']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Determination of Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred by failing to direct the jury in accordance with the Bench Book direction concerning exculpatory evidence relevant to provocation.' "Whether the trial judge erred in using the phrase 'another equally open inference' in directions concerning inferences that could be drawn from the evidence."]

Ratio Decidendi

The trial judge's directions to the jury, both oral and in writing, adequately conveyed the burden of proof resting with the Crown and the requirement to negative provocation beyond reasonable doubt. No error was established in the directions given, and there was no miscarriage of justice. As to the drawing of inferences, the judge's references to an 'equally open inference' mirrored the defence's own language and were accompanied by clear directions on the standard required when drawing inferences against the accused.

Court Disposition

Leave to rely on grounds of appeal refused; appeal dismissed.

Orders

  • ['Refuse the appellant leave under r 4 of the Criminal Appeal Rules to rely upon either of his grounds of appeal.' 'Appeal dismissed.']