Scanlan v Regina [2006] NSWCCA 238

Scanlan v Regina [2006] NSWCCA 238

The appellant's grounds of appeal were not made out; appropriate directions were given by the trial judge, no bias or misdirection occurred, there was no miscarriage of justice, and the sentence imposed was within the proper range having regard to aggravating circumstances.

Jurisdiction
Australia
Judgment Date
09 August 2006
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed. Leave to appeal against sentence granted, appeal dismissed.
Legal Topics
['larceny as a Clerk' 'obtain Money by Deception' 'lies Direction' 'bias' 'onus of Proof' 'incompetence of Trial Counsel' 'totality and Accumulation of Sentences']
['criminal Law'] ['larceny as a Clerk' 'obtain Money by Deception' 'lies Direction' 'bias' 'onus of Proof' 'incompetence of Trial Counsel' 'totality and Accumulation of Sentences']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ['Whether trial judge misdirected the jury resulting in miscarriage of justice' 'Whether trial judge was biased in summing up and evidentiary rulings' 'Whether trial judge misdirected jury as to onus of proof' 'Whether trial counsel was incompetent' 'Whether witness gave false evidence/perjury' 'Whether sentences imposed were manifestly excessive']

Ratio Decidendi

The appellant's grounds of appeal were not made out; appropriate directions were given by the trial judge, no bias or misdirection occurred, there was no miscarriage of justice, and the sentence imposed was within the proper range having regard to aggravating circumstances.

Court Disposition

Appeal against conviction dismissed. Leave to appeal against sentence granted, appeal dismissed.

Orders

  • ['Appeal against conviction dismissed.' 'Leave to appeal against sentence granted.' 'Appeal against sentence dismissed.']