Regina v Michael TAYLOR [2003] NSWCCA 194

Regina v Michael TAYLOR [2003] NSWCCA 194

The trial judge did not err in granting leave to cross-examine the principal witness as unfavourable under s 38; relevant evidence, including prior representations, was lawfully and properly admitted and not misused; exclusion of the solicitor's file note was a discretionary judgment that did not occasion miscarriage; the common law self-defence regime applied as proceedings had been instituted before the Crimes Amendment Self-Defence Act commenced; jury directions on onus and standard of proof were not misleading; the verdict was open on the evidence despite inconsistencies in witness testimony; and the sentence was within the range and justified by the seriousness of the offence and...

Jurisdiction
Australia
Judgment Date
07 November 2003
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment on Conviction and Sentence Appeal
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted but appeal dismissed
Legal Topics
['unfavourable Witness' 's 38 Evidence Act' 'admissibility of Business Records' 'self Defence in Homicide' 'onus of Proof Directions' 'application of Crimes Amendment Self Defence Act 2001' 'hearsay Exceptions' 'sentencing']
['criminal Law' 'evidence'] ['unfavourable Witness' 's 38 Evidence Act' 'admissibility of Business Records' 'self Defence in Homicide' 'onus of Proof Directions' 'application of Crimes Amendment Self Defence Act 2001' 'hearsay Exceptions' 'sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment on Conviction and Sentence Appeal

Legal Issues

  1. 1 ['Whether leave to cross-examine an unfavourable witness should be granted under s 38 of the Evidence Act 1995 (NSW) where memory is not refreshed' "Admissibility of solicitor's file note as a business record under s 69(2) of the Evidence Act" 'Exercise of the s 135 discretion in excluding defence evidence in criminal proceedings' 'Application of Crimes Amendment Self-Defence Act 2001 regarding when proceedings for an offence are instituted' 'Whether a new indictment was a substitution under s 20 Criminal Procedure Act 1986' "Whether the trial judge's directions on onus and standard of proof were misleading" 'Whether the verdict was unreasonable and not supported by the evidence' 'Whether the sentence was manifestly excessive and whether special circumstances warranted departure from statutory ratio']

Ratio Decidendi

The trial judge did not err in granting leave to cross-examine the principal witness as unfavourable under s 38; relevant evidence, including prior representations, was lawfully and properly admitted and not misused; exclusion of the solicitor's file note was a discretionary judgment that did not occasion miscarriage; the common law self-defence regime applied as proceedings had been instituted before the Crimes Amendment Self-Defence Act commenced; jury directions on onus and standard of proof were not misleading; the verdict was open on the evidence despite inconsistencies in witness testimony; and the sentence was within the range and justified by the seriousness of the offence and...

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted but appeal dismissed

Orders

  • ['Dismiss the appeal against conviction.' 'Grant leave to appeal against sentence, but dismiss the appeal.']