R v Georgiou R v Harrison [2005] NSWCCA 189

R v Georgiou R v Harrison [2005] NSWCCA 189

The trial judge's directions regarding the appellants' lies were appropriate in context, the evidence of a deceased's statement was admissible to explain conduct, and no miscarriage of justice arose from the directions or the rulings challenged. The appeals fail.

Jurisdiction
Australia
Judgment Date
18 May 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
['appeals Against Conviction' 'murder' 'evidence' 'admissibility of Hearsay' 'lies and Consciousness of Guilt']
['criminal Law'] ['appeals Against Conviction' 'murder' 'evidence' 'admissibility of Hearsay' 'lies and Consciousness of Guilt']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the trial judge misdirected the jury on the use of lies by the appellants as demonstrating consciousness of guilt' 'Whether evidence of a statement by one of the deceased was admissible' "Whether the judge's ruling upon the evidence by a previous trial judge precluded re-litigation of admissibility"]

Ratio Decidendi

The trial judge's directions regarding the appellants' lies were appropriate in context, the evidence of a deceased's statement was admissible to explain conduct, and no miscarriage of justice arose from the directions or the rulings challenged. The appeals fail.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed for both appellants']