R v Johnston [2004] NSWCCA 58

R v Johnston [2004] NSWCCA 58

Leave to withdraw abandonment of the appeal against conviction was refused because, although some grounds of appeal had arguable substance (notably concerning the judge's directions about corroboration), any such errors did not amount to a miscarriage of justice, there was overwhelming evidence against the applicant, no significant prejudice resulted, and the procedural and evidentiary complaints lacked sufficient merit individually or cumulatively.

Parties
Prosecution: Regina; Applicant: Mark Anthony Johnston
Jurisdiction
Australia
Judgment Date
18 March 2004
Procedural Posture
Criminal Appeal / Application for Leave to Withdraw Abandonment of Appeal Against Conviction
Outcome
Leave to withdraw abandonment of appeal against conviction refused
Legal Topics
Appeal Against Conviction, Murder, Abandonment of Appeal, Withdrawal of Abandonment, Jury Directions, Corroboration, Accomplice Warning, Hearsay Evidence, Prior Consistent Statement, Separate Trial, Right to Silence, Evidence Reliability
Criminal Law Appeal Against Conviction Murder Abandonment of Appeal Withdrawal of Abandonment Jury Directions Corroboration Accomplice Warning +5 more

Case Brief

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 4 Authorities cited 20 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina

Prosecution

Mark Anthony Johnston

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Withdraw Abandonment of Appeal Against Conviction

Legal Issues

  1. 1 Whether leave should be granted to withdraw the abandonment of an appeal against conviction for murder
  2. 2 Whether there was a miscarriage of justice at trial due to errors in jury directions and evidentiary rulings

Ratio Decidendi

Leave to withdraw abandonment of the appeal against conviction was refused because, although some grounds of appeal had arguable substance (notably concerning the judge's directions about corroboration), any such errors did not amount to a miscarriage of justice, there was overwhelming evidence against the applicant, no significant prejudice resulted, and the procedural and evidentiary complaints lacked sufficient merit individually or cumulatively.

Court Disposition

Leave to withdraw abandonment of appeal against conviction refused

Orders

  • Leave to withdraw abandonment of appeal against conviction is refused.