REGINA v MURRE [2001] NSWCCA 286

REGINA v MURRE [2001] NSWCCA 286

The appeal was allowed and the conviction quashed because the trial judge's directions to the jury concerning the dangers of delay and the inability to properly test the prosecution evidence were inadequate, failing to meet the threshold established by Longman and Crampton, thus resulting in a miscarriage of justice.

Jurisdiction
Australia
Judgment Date
27 July 2001
Procedural Posture
Criminal Appeal / Appeal From Conviction, Post Sentencing
Outcome
Conviction quashed; acquittal entered; no new trial ordered.
Legal Topics
['sexual Assault' 'delay in Complaint' 'jury Directions' 'longman Warning' 'unreasonable Verdict']
['criminal Law'] ['sexual Assault' 'delay in Complaint' 'jury Directions' 'longman Warning' 'unreasonable Verdict']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Appeal From Conviction, Post Sentencing

Legal Issues

  1. 1 ["Whether the trial judge's directions to the jury regarding the dangers of delay were adequate" 'Whether the conviction should be quashed due to inadequate jury warning (Longman warning)' 'Whether a new trial should be ordered after a flawed conviction']

Ratio Decidendi

The appeal was allowed and the conviction quashed because the trial judge's directions to the jury concerning the dangers of delay and the inability to properly test the prosecution evidence were inadequate, failing to meet the threshold established by Longman and Crampton, thus resulting in a miscarriage of justice.

Court Disposition

Conviction quashed; acquittal entered; no new trial ordered.

Orders

  • ['Conviction quashed' 'Judgment and verdict of acquittal entered']