LJW v R [2010] NSWCCA 114

LJW v R [2010] NSWCCA 114

The evidence about the incident in the car was admissible as relevant to the accused's state of mind on the day of the alleged offences. Jury directions were adequate and there was no miscarriage. The verdicts were open to the jury; the appeal should be dismissed.

Jurisdiction
Australia
Judgment Date
04 June 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['admissibility of Evidence' 'tendency Evidence' 'res Gestae' 'unreasonable Verdict' 'trial Directions']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'tendency Evidence' 'res Gestae' 'unreasonable Verdict' 'trial Directions']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether evidence of the accused masturbating in a car was admissible as res gestae, state of mind, or tendency evidence' 'Whether the trial judge erred in directions to the jury concerning tendency evidence and proof required for counts 3 and 4' 'Whether the verdicts were unreasonable']

Ratio Decidendi

The evidence about the incident in the car was admissible as relevant to the accused's state of mind on the day of the alleged offences. Jury directions were adequate and there was no miscarriage. The verdicts were open to the jury; the appeal should be dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']