Doklu v R [2010] NSWCCA 309

Doklu v R [2010] NSWCCA 309

Evidence of admissions by the appellant was properly admitted, as statutory requirements for recording and fairness were met or reasonably excused, and the trial judge's directions about majority verdicts did not undermine the jury's attempts to reach a unanimous verdict.

Parties
Appellant: Mehmet Doklu; Respondent: Regina
Jurisdiction
Australia
Judgment Date
16 December 2010
Procedural Posture
Criminal Appeal / Conviction Appeal – Judgment From NSW Court of Criminal Appeal
Outcome
Appeal dismissed
Legal Topics
Evidentiary Admissions, Majority Verdicts, Trial Procedure, Evidence Exclusion, Police Investigation, Unfair Prejudice, Protected Confidences
Criminal Law Evidentiary Admissions Majority Verdicts Trial Procedure Evidence Exclusion Police Investigation Unfair Prejudice Protected Confidences

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Parties

Mehmet Doklu

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Conviction Appeal – Judgment From NSW Court of Criminal Appeal

Legal Issues

  1. 1 Whether evidence of admissions by appellant was wrongly admitted
  2. 2 Application of Criminal Procedure Act s 281 (admissions and tape recording)
  3. 3 Application of s 85 and s 90 Evidence Act (admissibility and fairness)

Ratio Decidendi

Evidence of admissions by the appellant was properly admitted, as statutory requirements for recording and fairness were met or reasonably excused, and the trial judge's directions about majority verdicts did not undermine the jury's attempts to reach a unanimous verdict.

Court Disposition

Appeal dismissed

Orders

  • Grant leave under rule 4 Criminal Appeal Rules to rely upon Ground 4 in the Notice of Appeal
  • Dismiss the appeal