McC v Regina [2007] NSWCCA 25

McC v Regina [2007] NSWCCA 25

Defence counsel expressly indicated that he did not require J or A McC to be called as witnesses and made a rational forensic choice in doing so. Accordingly, the Crown Prosecutor was not obliged to call them. No miscarriage of justice occurred and the supplementary ground of appeal fails. Leave to rely on the supplementary ground of appeal is refused, and the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
14 February 2007
Procedural Posture
Criminal Appeal / Judgment After Hearing of Appeal
Outcome
Leave to rely on supplementary ground refused; appeal dismissed
Legal Topics
["crown Prosecutor's Obligation to Call Witnesses" 'competence and Compellability of Child Witnesses' 'miscarriage of Justice']
['criminal Law'] ["crown Prosecutor's Obligation to Call Witnesses" 'competence and Compellability of Child Witnesses' 'miscarriage of Justice']

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Procedural Posture

Criminal Appeal / Judgment After Hearing of Appeal

Legal Issues

  1. 1 ['Whether the Crown Prosecutor was obliged to call the children J and A as witnesses' 'Whether failure to call the children resulted in a miscarriage of justice' "Competence and reliability of child witnesses with Asperger's syndrome" 'Admissibility of hearsay statements under Evidence Act s 65']

Ratio Decidendi

Defence counsel expressly indicated that he did not require J or A McC to be called as witnesses and made a rational forensic choice in doing so. Accordingly, the Crown Prosecutor was not obliged to call them. No miscarriage of justice occurred and the supplementary ground of appeal fails. Leave to rely on the supplementary ground of appeal is refused, and the appeal is dismissed.

Court Disposition

Leave to rely on supplementary ground refused; appeal dismissed

Orders

  • ['Leave to rely on supplementary ground of appeal refused' 'Appeal dismissed']