Regina -v- Baker [1999] NSWCCA 129

Regina -v- Baker [1999] NSWCCA 129

Failure by the trial judge to include or take into account the required warning regarding the reliability of the complainant’s evidence and failure to set out principles on the use of lies in the judgment constituted breaches of the Criminal Procedure Act s33(2) and (3), amounting to errors of law and justifying quashing the conviction and ordering a retrial.

Jurisdiction
Australia
Judgment Date
28 May 1999
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal allowed; conviction and sentence quashed; new trial ordered
Legal Topics
['malicious Wounding' 'intent to Murder' 'recklessness' 'judicial Warnings' 'evidence of Complainant' 'directions on Lies' 'appeals Against Conviction']
['criminal Law'] ['malicious Wounding' 'intent to Murder' 'recklessness' 'judicial Warnings' 'evidence of Complainant' 'directions on Lies' 'appeals Against Conviction']

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Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 ['Whether the trial judge erred in directions on malice and recklessness' "Whether the trial judge failed to give or take into account necessary warnings as to unreliability of complainant's evidence" 'Whether the trial judge failed to set out principles relating to lies told by the appellant as consciousness of guilt' 'Whether the conviction was unsafe or unsatisfactory']

Ratio Decidendi

Failure by the trial judge to include or take into account the required warning regarding the reliability of the complainant’s evidence and failure to set out principles on the use of lies in the judgment constituted breaches of the Criminal Procedure Act s33(2) and (3), amounting to errors of law and justifying quashing the conviction and ordering a retrial.

Court Disposition

Appeal allowed; conviction and sentence quashed; new trial ordered

Orders

  • ['Appeal allowed' 'Conviction and sentence quashed' 'New trial ordered']