REGINA v BAKER [1999] NSWCCA 277

REGINA v BAKER [1999] NSWCCA 277

Although some impermissible cross-examination and character evidence occurred, it did not prejudice the appellant or cause a miscarriage of justice. Jury directions were adequate, issues raised by the appellant did not warrant overturning the conviction or sentence, and the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
09 September 1999
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal against conviction dismissed; application for leave to appeal against sentence refused
Legal Topics
['armed Robbery' 'wounding' 'cross Examination' 'character Evidence' 'identification Evidence' 'jury Directions' 'alibi']
['criminal Law'] ['armed Robbery' 'wounding' 'cross Examination' 'character Evidence' 'identification Evidence' 'jury Directions' 'alibi']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ["Whether answers by witnesses reflecting on the accused's character caused a miscarriage of justice" 'Whether impermissible cross-examination by the prosecutor prejudiced the accused' 'Consistency of verdicts between co-accused' 'Adequacy of jury directions' 'Availability and treatment of alibi evidence' 'Grounds for leniency in sentencing']

Ratio Decidendi

Although some impermissible cross-examination and character evidence occurred, it did not prejudice the appellant or cause a miscarriage of justice. Jury directions were adequate, issues raised by the appellant did not warrant overturning the conviction or sentence, and the appeal is dismissed.

Court Disposition

appeal against conviction dismissed; application for leave to appeal against sentence refused

Orders

  • ['Appeal against conviction dismissed' 'Application for leave to appeal against sentence refused']