Kees Langelaar v R [2016] NSWCCA 143

Kees Langelaar v R [2016] NSWCCA 143

None of the grounds of appeal for conviction were made out; the 'fresh evidence' was inadmissible or not cogent; no miscarriage of justice arose from the conduct of counsel; the verdicts were not unreasonable or inconsistent; and leave to appeal the sentence was refused as no error or ground was established.

Parties
Applicant: Kees Langelaar; Respondent: Crown
Jurisdiction
Australia
Judgment Date
22 July 2016
Procedural Posture
Criminal Appeal / Judgment in Court of Criminal Appeal
Outcome
Appeal against conviction dismissed; leave to appeal against sentence refused.
Legal Topics
Sexual Offences, Appeal Against Conviction, Appeal Against Sentence, Fresh Evidence, Incompetence of Counsel, Unreasonable Verdicts, Section 293 Criminal Procedure Act, Inconsistent Verdicts
Criminal Law Sexual Offences Appeal Against Conviction Appeal Against Sentence Fresh Evidence Incompetence of Counsel Unreasonable Verdicts Section 293 Criminal Procedure Act +1 more

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Parties

Kees Langelaar

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment in Court of Criminal Appeal

Legal Issues

  1. 1 Whether fresh evidence ought to be admitted on appeal
  2. 2 Whether trial counsel was incompetent resulting in a miscarriage of justice
  3. 3 Whether verdicts were unreasonable or inconsistent

Ratio Decidendi

None of the grounds of appeal for conviction were made out; the 'fresh evidence' was inadmissible or not cogent; no miscarriage of justice arose from the conduct of counsel; the verdicts were not unreasonable or inconsistent; and leave to appeal the sentence was refused as no error or ground was established.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence refused.

Orders

  • Grant leave to appeal against conviction.
  • Dismiss the appeal against conviction.