NW v R [2014] NSWCCA 217

NW v R [2014] NSWCCA 217

The convictions were quashed and a new trial ordered because the indictment charged the appellant with offences that did not exist in that form at the time of the alleged conduct, and the jury was not directed to consider the legislative changes that occurred during the period of the alleged offences, resulting in a miscarriage of justice.

Parties
Applicant: NW; Crown: Regina
Jurisdiction
Australia
Judgment Date
17 October 2014
Procedural Posture
Appeal Against Conviction / Judgment on Appeal
Outcome
Appeal allowed; convictions quashed; new trial ordered
Legal Topics
Appeal Against Conviction, Invalid Indictment, Statutory Amendments, Child Abuse Material, Possession of Child Abuse Material, Jury Directions, Miscarriage of Justice
Criminal Law Appeal Against Conviction Invalid Indictment Statutory Amendments Child Abuse Material Possession of Child Abuse Material Jury Directions Miscarriage of Justice

Case Brief

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Parties

NW

Applicant

Regina

Crown

Procedural Posture

Appeal Against Conviction / Judgment on Appeal

Legal Issues

  1. 1 Whether the convictions were invalid due to incorrect terms of the indictment and statutory amendments during the periods alleged
  2. 2 Whether there was a miscarriage of justice where offences charged did not exist in the terms alleged at the time of the conduct
  3. 3 Whether the jury was properly directed regarding legislative changes affecting the offences

Ratio Decidendi

The convictions were quashed and a new trial ordered because the indictment charged the appellant with offences that did not exist in that form at the time of the alleged conduct, and the jury was not directed to consider the legislative changes that occurred during the period of the alleged offences, resulting in a miscarriage of justice.

Court Disposition

Appeal allowed; convictions quashed; new trial ordered

Orders

  • Appeal allowed
  • Convictions entered on 24 September 2013 in respect of Counts 1 and 2 on the Indictment are quashed