Krivosic v R [2024] NSWCCA 166

Krivosic v R [2024] NSWCCA 166

Because both the Crown and the applicant relied on parts of the applicant's evidence from the first trial, the case was not framed as a simple choice between the applicant's account and the evidence of other witnesses. A conventional or proposed modified third limb Liberato direction would have risked confusing the jury and would not have reflected the way the case was prosecuted and defended. The trial judge appropriately directed the jury that, after considering all the evidence, if there was a reasonable possibility that what the applicant said about accidentally discharging the pistol was true, they were bound to acquit. The directions as a whole sufficiently conveyed the Crown's onus...

Jurisdiction
Australia
Judgment Date
06 September 2024
Procedural Posture
Criminal Appeal Against Conviction for Murder / Application for Extension of Time and Leave to Appeal; Appeal Determined
Outcome
Leave to extend time and leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Conviction' 'murder' 'liberato Direction' 'miscarriage of Justice' 'jury Directions' "accused's Evidence From Previous Trial" 'deliberate Act']
['criminal Law' 'criminal Procedure' 'evidence'] ['appeal Against Conviction' 'murder' 'liberato Direction' 'miscarriage of Justice' 'jury Directions' "accused's Evidence From Previous Trial" 'deliberate Act']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction for Murder / Application for Extension of Time and Leave to Appeal; Appeal Determined

Legal Issues

  1. 1 ['Whether the trial judge erred in failing to give a complete or effective Liberato direction in summing up to the jury.' 'Whether the absence of a modified third limb of the Liberato direction caused a miscarriage of justice.' 'Whether leave to appeal was required and should be granted.']

Ratio Decidendi

Because both the Crown and the applicant relied on parts of the applicant's evidence from the first trial, the case was not framed as a simple choice between the applicant's account and the evidence of other witnesses. A conventional or proposed modified third limb Liberato direction would have risked confusing the jury and would not have reflected the way the case was prosecuted and defended. The trial judge appropriately directed the jury that, after considering all the evidence, if there was a reasonable possibility that what the applicant said about accidentally discharging the pistol was true, they were bound to acquit. The directions as a whole sufficiently conveyed the Crown's onus...

Court Disposition

Leave to extend time and leave to appeal granted; appeal dismissed.

Orders

  • ['Leave is granted to extend the time for filing the notice seeking leave to appeal to 6 February 2024.' 'Leave to appeal is granted.' 'The appeal is dismissed.']