REGINA v. HUGHES [2000] NSWCCA 3

REGINA v. HUGHES [2000] NSWCCA 3

Fresh evidence relating to the appellant's connection with the premises was effectively unobtainable at trial and is significant to the central issue of credit; its absence resulted in a miscarriage of justice. Accordingly, the appeal is upheld, and a new trial is ordered.

Parties
Crown: Regina; Appellant: Peter Charles Hughes
Jurisdiction
Australia
Judgment Date
15 February 2000
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence; Application to Admit Fresh Evidence
Outcome
Appeal upheld, new trial ordered
Legal Topics
Appeal, Fresh Evidence, Time and Place of Offence, Miscarriage of Justice
Criminal Law Appeal Fresh Evidence Time and Place of Offence Miscarriage of Justice

Case Brief

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Parties

Regina

Crown

Peter Charles Hughes

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence; Application to Admit Fresh Evidence

Legal Issues

  1. 1 Whether miscarriage of justice occurred due to absence of new evidence relating to time and place of offence
  2. 2 Whether new evidence should be admitted on appeal
  3. 3 Whether a new trial should be ordered

Ratio Decidendi

Fresh evidence relating to the appellant's connection with the premises was effectively unobtainable at trial and is significant to the central issue of credit; its absence resulted in a miscarriage of justice. Accordingly, the appeal is upheld, and a new trial is ordered.

Court Disposition

Appeal upheld, new trial ordered

Orders

  • Leave to rely on the fresh evidence is granted
  • The evidence is admitted