REGINA v. BENTLEY [2003] NSWCCA 360

REGINA v. BENTLEY [2003] NSWCCA 360

The new oral argument that the alternative verdict should have been left was not permitted under Rule 4 because the defence at trial had consistently opposed the alternative verdict and sought its withdrawal. The conviction appeal failed because, although the discussion of alternative verdicts and the phrase 'no rational basis' were unfortunate, the jury were repeatedly and clearly directed that the Crown had to prove beyond reasonable doubt each of the three alleged supplies, and there was no real risk that the directions caused a miscarriage of justice. The sentence appeal failed because the sentence was not shown to be erroneous, the evidence did not sustain the claim that protective...

Jurisdiction
Australia
Judgment Date
09 December 2003
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Appeal in the New South Wales Court of Criminal Appeal From Conviction and Sentence in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['supply Prohibited Drugs on an Ongoing Basis' 'alternative Verdicts' 'jury Directions' 'rule 4' 'special Circumstances' 'protective Custody']
['criminal Law' 'criminal Procedure' 'sentencing'] ['supply Prohibited Drugs on an Ongoing Basis' 'alternative Verdicts' 'jury Directions' 'rule 4' 'special Circumstances' 'protective Custody']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Appeal in the New South Wales Court of Criminal Appeal From Conviction and Sentence in the District Court

Legal Issues

  1. 1 ["Whether the trial judge's withdrawal of a direction about alternative verdicts might have affected the jury's deliberations and caused a miscarriage of justice." 'Whether an alternative count should have been left to the jury.' 'Whether the sentence should be reduced because part of it was to be served in protection or other onerous circumstances.' 'Whether special circumstances should have been found for the non-parole period.']

Ratio Decidendi

The new oral argument that the alternative verdict should have been left was not permitted under Rule 4 because the defence at trial had consistently opposed the alternative verdict and sought its withdrawal. The conviction appeal failed because, although the discussion of alternative verdicts and the phrase 'no rational basis' were unfortunate, the jury were repeatedly and clearly directed that the Crown had to prove beyond reasonable doubt each of the three alleged supplies, and there was no real risk that the directions caused a miscarriage of justice. The sentence appeal failed because the sentence was not shown to be erroneous, the evidence did not sustain the claim that protective...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']