Tabbah v R [2017] NSWCCA 55
Despite errors and confusing submissions by prosecutor on consent and knowledge, the trial judge's summing-up was correct and clear, adequately guiding the jury on the law. Evidence, particularly CCTV, interview admissions, intoxication, and DNA, rendered the jury's verdict open and reasonable. No miscarriage of justice occurred and all grounds for appeal were rejected.
- Jurisdiction
- Australia
- Judgment Date
- 29 March 2017
- Procedural Posture
- Criminal Appeal / Leave to Appeal Against Conviction; Appeal Determination
- Outcome
- Leave to appeal against conviction granted; appeal dismissed
- Legal Topics
- ['sexual Assault' 'consent' 'intoxication' 'appeals' 'miscarriage of Justice']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction; Appeal Determination
Legal Issues
- 1 ['Whether conviction is unreasonable or cannot be supported having regard to the evidence' "Whether trial miscarried by reason of prosecutor's submissions to jury about lack of consent and knowledge thereof" "Whether trial judge's directions adequately corrected prosecutor's legal errors"]
Ratio Decidendi
Despite errors and confusing submissions by prosecutor on consent and knowledge, the trial judge's summing-up was correct and clear, adequately guiding the jury on the law. Evidence, particularly CCTV, interview admissions, intoxication, and DNA, rendered the jury's verdict open and reasonable. No miscarriage of justice occurred and all grounds for appeal were rejected.
Court Disposition
Leave to appeal against conviction granted; appeal dismissed
Orders
- ['Leave to appeal against conviction granted' 'Appeal dismissed']
Full Case Text
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