REGINA v ROBERTS [1999] NSWCCA 124

REGINA v ROBERTS [1999] NSWCCA 124

The decision not to call Stephen Roberts was a tactical decision open to trial counsel in the exercise of his discretion, and the proposed evidence was not such that there was a significant possibility that a jury acting reasonably would have acquitted the appellant if it had been before it; accordingly no miscarriage of justice was shown.

Jurisdiction
Australia
Judgment Date
12 May 1999
Procedural Posture
Criminal Appeal Against Conviction / Appeal to the Court of Criminal Appeal
Outcome
Appeal dismissed
Legal Topics
['sexual Intercourse Without Consent' 'miscarriage of Justice' 'failure to Call Witness at Trial' 'trial Counsel Discretion' 'fresh or New Evidence on Appeal']
['criminal Law' 'criminal Procedure' 'appellate Review'] ['sexual Intercourse Without Consent' 'miscarriage of Justice' 'failure to Call Witness at Trial' 'trial Counsel Discretion' 'fresh or New Evidence on Appeal']

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Procedural Posture

Criminal Appeal Against Conviction / Appeal to the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the failure of trial counsel to call Stephen Roberts as a defence witness caused a miscarriage of justice.' "Whether the decision not to call Stephen Roberts was outside the proper exercise of trial counsel's discretion." "Whether Stephen Roberts' evidence was relevant, credible and cogent such that there was a significant possibility that a jury acting reasonably would have acquitted the appellant had it been before the jury."]

Ratio Decidendi

The decision not to call Stephen Roberts was a tactical decision open to trial counsel in the exercise of his discretion, and the proposed evidence was not such that there was a significant possibility that a jury acting reasonably would have acquitted the appellant if it had been before it; accordingly no miscarriage of justice was shown.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']