Regina v Joyce [2000] NSWCCA 259

Procedural Posture

Criminal Appeal Against Convictions for Two Murders After Referral by the Attorney General Under S 474 C(1)(b) of the Crimes Act 1900 / Court of Criminal Appeal; Appeal From Supreme Court Convictions

Legal Issues

1. 1 ['Whether the confessional material, including the record of interview and oral admissions, should have been excluded or withdrawn from the jury.' 'Whether the jury was properly directed about the record of interview, police confessional evidence, and the evidence of prison informer Geoffrey Thomas.' "Whether the Crown's late disclosure and use of letters from Anthony Sharp to Geoffrey Thomas caused unfairness or a miscarriage of justice." 'Whether directions on corroboration concerning Sally Miles and Geoffrey Thomas were required or inadequate.' 'Whether various items of evidence, including police beliefs, the magazine, watch and ring, handbag, blood on joggers and blood under fingernails, were irrelevant or required limiting directions.' 'Whether the verdicts were unreasonable or could not be supported having regard to the evidence.' 'Whether the defence case was fairly and adequately put to the jury.']

Ratio Decidendi

The appeal was dismissed because none of the asserted errors or alleged miscarriages of justice was established. The confessional material was properly admitted; the proposed significance of the Sharp letters and alleged fabrication was speculative or unsupported; the jury directions on the record of interview, prison informer evidence, corroboration, and the defence case were adequate in the circumstances; the challenged evidence was either admissible, not prejudicial, or caused no miscarriage of justice; and the verdicts were open on a strong Crown case including confessional material, the in gaol confession, evidence of motive and animosity, and evidence linking the appellant's rifle...

Court Disposition

Appeal dismissed.

Orders

• ['Appeal dismissed.']