Regina v MORAN [1999] NSWCCA 169
The trial judge gave sufficiently clear instructions regarding the onus and standard of proof, the right to silence, and the use of circumstantial evidence; a review of the evidence does not raise sufficient doubt as to warrant overturning the verdict; thus, no miscarriage of justice occurred and the appeal is dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 28 June 1999
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction (hearing and Judgment)
- Outcome
- Appeal against conviction dismissed
- Legal Topics
- ['attempting to Pervert the Course of Justice' 'onus of Proof' 'right of Silence' 'circumstantial Evidence' 'unsafe and Unsatisfactory Verdict']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Conviction (hearing and Judgment)
Legal Issues
- 1 ['Whether the trial judge misdirected the jury on the onus of proof' "Whether the trial judge failed to direct the jury as to the appellant's right of silence" 'Whether the trial judge failed to direct the jury adequately in relation to circumstantial evidence' 'Whether the verdict was unsafe and unsatisfactory']
Ratio Decidendi
The trial judge gave sufficiently clear instructions regarding the onus and standard of proof, the right to silence, and the use of circumstantial evidence; a review of the evidence does not raise sufficient doubt as to warrant overturning the verdict; thus, no miscarriage of justice occurred and the appeal is dismissed.
Court Disposition
Appeal against conviction dismissed
Orders
- ['The appeal against conviction be dismissed']
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