R v Campbell [2005] NSWCCA 132

R v Campbell [2005] NSWCCA 132

The failure of the trial judge to give clear instructions to the jury that any lie found to have been told by the accused could not be used as evidence of guilt, particularly after the prosecutor’s address invited such reasoning, occasioned a miscarriage of justice necessitating quashing the conviction and sentence...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 April 2005
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal allowed; conviction and sentence quashed; new trial ordered.
Legal Topics
['lies Told by Accused' 'consciousness of Guilt' 'jury Directions' 'maliciously Inflict Grievous Bodily Harm' 'criminal Procedure']
['criminal Law'] ['lies Told by Accused' 'consciousness of Guilt' 'jury Directions' 'maliciously Inflict Grievous Bodily Harm' 'criminal Procedure']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 ['Whether the trial judge failed to properly instruct the jury as to the use of lies told by the accused and whether this constituted a miscarriage of justice' 'Whether the Crown Prosecutor’s address invited the jury to use lies as evidence of guilt' 'Whether the verdict was unsafe']

Ratio Decidendi

The failure of the trial judge to give clear instructions to the jury that any lie found to have been told by the accused could not be used as evidence of guilt, particularly after the prosecutor’s address invited such reasoning, occasioned a miscarriage of justice necessitating quashing the conviction and sentence and ordering a new trial.

Court Disposition

Appeal allowed; conviction and sentence quashed; new trial ordered.

Orders

  • ["The appeal be allowed and the appellant's conviction and sentence be quashed." 'A new trial be ordered.']