JV v R [2017] NSWCCA 49

JV v R [2017] NSWCCA 49

The decision not to lead evidence of good character was a legitimate and rational forensic choice by counsel, since doing so would have led to the admission of damaging rebuttal evidence from NP. The applicant was not deprived of a fair chance of acquittal, and no miscarriage of justice resulted from counsel's conduct. Leave to appeal was granted, but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
24 March 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['conviction Appeal' 'good Character Evidence' 'miscarriage of Justice' 'forensic Decisions by Counsel' 'sexual Offences Against Children']
['criminal Law'] ['conviction Appeal' 'good Character Evidence' 'miscarriage of Justice' 'forensic Decisions by Counsel' 'sexual Offences Against Children']

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ["Whether the applicant's trial miscarried due to failure of his counsel to lead evidence of good character" 'Whether decision not to adduce good character evidence was legitimate forensic choice' 'Whether evidence of a further complaint would have been admissible to rebut character evidence' 'Whether the absence of character evidence deprived the applicant of a fair trial']

Ratio Decidendi

The decision not to lead evidence of good character was a legitimate and rational forensic choice by counsel, since doing so would have led to the admission of damaging rebuttal evidence from NP. The applicant was not deprived of a fair chance of acquittal, and no miscarriage of justice resulted from counsel's conduct. Leave to appeal was granted, but the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['(1) Grant leave to appeal.' '(2) Dismiss the appeal.']