Regina -v- Lynch [1999] NSWCCA 32
The combined effect of inadequate directions on complaint and corroboration and impermissible questioning of the expert witness by the trial judge resulted in a miscarriage of justice; convictions must be quashed and a new trial ordered.
- Parties
- Prosecutor: Regina; Appellant: Murray Lynch
- Jurisdiction
- Australia
- Judgment Date
- 12 March 1999
- Procedural Posture
- Criminal Appeal / Appeal After Conviction
- Outcome
- appeal allowed
- Legal Topics
- Sexual Assault, Complaint Evidence, Corroboration, Judicial Questioning, Miscarriage of Justice
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecutor
Murray Lynch
Appellant
Procedural Posture
Criminal Appeal / Appeal After Conviction
Legal Issues
- 1 Adequacy of directions to jury regarding evidence of complaint
- 2 Corroboration and relevance to counts
- 3 Impermissible judicial questioning of expert witness
Ratio Decidendi
The combined effect of inadequate directions on complaint and corroboration and impermissible questioning of the expert witness by the trial judge resulted in a miscarriage of justice; convictions must be quashed and a new trial ordered.
Court Disposition
appeal allowed
Orders
- convictions quashed
- new trial ordered
Full Case Text
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