R v McVittie [2005] NSWCCA 267

R v McVittie [2005] NSWCCA 267

Fresh evidence from police integrity and Royal Commission inquiries showed fabrication of confessional material and planting of a firearm connected with the prosecution. Although the tainted evidence was not the only evidence at trial, it contaminated the proceedings beyond repair, so the convictions were a miscarriage of justice and it was inappropriate to order a new trial.

Jurisdiction
Australia
Judgment Date
01 August 2005
Procedural Posture
Criminal Appeal / Referral to the Court of Criminal Appeal to Be Dealt With as an Appeal After Petition to the Governor of New South Wales for Review of Convictions
Outcome
Appeal allowed; each conviction quashed; judgment of acquittal in each case entered.
Legal Topics
['armed Robbery Convictions' 'fresh Evidence' 'miscarriage of Justice' 'police Corruption' 'petition to the Governor of New South Wales' 'referral to Court of Criminal Appeal']
['criminal Law' 'criminal Procedure'] ['armed Robbery Convictions' 'fresh Evidence' 'miscarriage of Justice' 'police Corruption' 'petition to the Governor of New South Wales' 'referral to Court of Criminal Appeal']

Case Brief

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Procedural Posture

Criminal Appeal / Referral to the Court of Criminal Appeal to Be Dealt With as an Appeal After Petition to the Governor of New South Wales for Review of Convictions

Legal Issues

  1. 1 ["Whether fresh evidence of police corruption, fabrication of confessional material and planting of a firearm demonstrated that the appellant's convictions were a miscarriage of justice." 'Whether the convictions should be set aside and whether a new trial should be ordered.']

Ratio Decidendi

Fresh evidence from police integrity and Royal Commission inquiries showed fabrication of confessional material and planting of a firearm connected with the prosecution. Although the tainted evidence was not the only evidence at trial, it contaminated the proceedings beyond repair, so the convictions were a miscarriage of justice and it was inappropriate to order a new trial.

Court Disposition

Appeal allowed; each conviction quashed; judgment of acquittal in each case entered.

Orders

  • ['appeal allowed' 'each conviction quashed' 'judgment of acquittal in each case entered']