Rees v Regina [2010] NSWCCA 84
The Court found that the trial judge did not err in admitting the sanitised evidence of Ms Plackett, that a Shepherd direction was not required as the case did not turn on indispensable intermediate facts, and that there was no denial of procedural fairness or apprehended bias. The directions given to the jury were correct in law.
- Parties
- Appellant: Jason Lee Rees; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 07 May 2010
- Procedural Posture
- Criminal Appeal / Judgment on Conviction Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Armed Robbery With Offensive Weapon, Circumstantial Evidence, Shepherd Direction, Procedural Fairness, Apprehended Bias, Admissibility of Evidence, Jury Directions, Joint Criminal Enterprise
Case Brief
Summary, issues, holding and outcome
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Parties
Jason Lee Rees
Appellant
Regina
Respondent
Procedural Posture
Criminal Appeal / Judgment on Conviction Appeal
Legal Issues
- 1 Whether the trial judge erred in admitting the evidence of Trudy Plackett
- 2 Whether procedural fairness was denied due to lack of opportunity to address trial judge on criticism of defence submission
- 3 Whether the trial judge should have recused herself and discharged the jury for apprehended bias
Ratio Decidendi
The Court found that the trial judge did not err in admitting the sanitised evidence of Ms Plackett, that a Shepherd direction was not required as the case did not turn on indispensable intermediate facts, and that there was no denial of procedural fairness or apprehended bias. The directions given to the jury were correct in law.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
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