R v MARTIN [2002] NSWCCA 290

R v MARTIN [2002] NSWCCA 290

Although the appellant identified weaknesses in the Crown case and relied on denial, alibi evidence, good character and an innocent explanation for his blood, the jury heard and saw the witnesses and there was evidence of confessions and blood/DNA links to an implement used in the assault and to a shoe worn by an assailant. On the whole of the evidence it was open to the jury to be satisfied beyond reasonable doubt that the appellant was guilty, so the grounds of appeal were not made out.

Jurisdiction
Australia
Judgment Date
23 July 2002
Procedural Posture
Criminal Appeal; Application for Extension of Time to Appeal Against Conviction / Court of Criminal Appeal Judgment on Appeal Against Conviction
Outcome
Extension of time granted; appeal against conviction dismissed.
Legal Topics
['extension of Time to Appeal' 'appeal Against Conviction' 'unsafe or Unreasonable Verdict' 'malicious Infliction of Grievous Bodily Harm With Intent' 'malicious Wounding With Intent to Do Grievous Bodily Harm' 'dna Evidence' 'blood Evidence' 'alibi Evidence' 'good Character Evidence' 'confession Evidence']
['criminal Law' 'criminal Procedure' 'evidence'] ['extension of Time to Appeal' 'appeal Against Conviction' 'unsafe or Unreasonable Verdict' 'malicious Infliction of Grievous Bodily Harm With Intent' 'malicious Wounding With Intent to Do Grievous Bodily Harm' 'dna Evidence' 'blood Evidence' 'alibi Evidence' 'good Character Evidence' 'confession Evidence']

Case Brief

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Procedural Posture

Criminal Appeal; Application for Extension of Time to Appeal Against Conviction / Court of Criminal Appeal Judgment on Appeal Against Conviction

Legal Issues

  1. 1 ['Whether time should be extended to permit the appeal against conviction' 'Whether the jury verdict was unsafe, unsatisfactory, unreasonable or could not be supported having regard to the evidence' "Whether the Crown case based on confession evidence and blood/DNA evidence could be accepted beyond reasonable doubt despite the appellant's denial, alibi, good character and innocent explanation for the presence of his blood"]

Ratio Decidendi

Although the appellant identified weaknesses in the Crown case and relied on denial, alibi evidence, good character and an innocent explanation for his blood, the jury heard and saw the witnesses and there was evidence of confessions and blood/DNA links to an implement used in the assault and to a shoe worn by an assailant. On the whole of the evidence it was open to the jury to be satisfied beyond reasonable doubt that the appellant was guilty, so the grounds of appeal were not made out.

Court Disposition

Extension of time granted; appeal against conviction dismissed.

Orders

  • ['Extend the time to appeal up to and including the date of the filing of the notice of appeal.' 'Appeal dismissed.']