Saunders v R [2022] NSWCCA 273

Saunders v R [2022] NSWCCA 273

The tendency evidence about JD was correctly admitted as it was highly probative of the applicant's tendency to use violence in domestic relationships and thus relevant to the facts in issue; the trial judge's reference to intoxication in jury directions was immaterial and did not result in a miscarriage of justice; the guilty verdict on count 1 was not inconsistent with the acquittal on counts 2 and 3 and was open on the whole of the evidence; no ground of appeal justified overturning the conviction.

Jurisdiction
Australia
Judgment Date
15 December 2022
Procedural Posture
Criminal Appeal / Appeal Against Conviction, After Trial and Sentence
Outcome
Appeal dismissed after leave granted; extension of time to appeal granted.
Legal Topics
['appeals Against Conviction' 'tendency Evidence' 'inconsistent Verdicts' 'unreasonable Verdict' 'extension of Time to Appeal']
['criminal Law'] ['appeals Against Conviction' 'tendency Evidence' 'inconsistent Verdicts' 'unreasonable Verdict' 'extension of Time to Appeal']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction, After Trial and Sentence

Legal Issues

  1. 1 ['Whether tendency evidence was wrongly admitted' 'Whether trial judge erred in jury direction regarding tendency evidence and intoxication' 'Whether the guilty verdict on one count was inconsistent with acquittals on other counts and/or was unreasonable']

Ratio Decidendi

The tendency evidence about JD was correctly admitted as it was highly probative of the applicant's tendency to use violence in domestic relationships and thus relevant to the facts in issue; the trial judge's reference to intoxication in jury directions was immaterial and did not result in a miscarriage of justice; the guilty verdict on count 1 was not inconsistent with the acquittal on counts 2 and 3 and was open on the whole of the evidence; no ground of appeal justified overturning the conviction.

Court Disposition

Appeal dismissed after leave granted; extension of time to appeal granted.

Orders

  • ['Time in which to seek leave to appeal extended to 20 August 2021' 'Leave granted to appeal against conviction' 'Appeal dismissed']