REGINA v GIOVANNONE [2002] NSWCCA 323

REGINA v GIOVANNONE [2002] NSWCCA 323

The conviction and sentence on the third count were quashed due to the absence of jury directions limiting the use of tendency and coincidence evidence, presenting a risk of miscarriage of justice. The appeal on the second count was dismissed as there was sufficient admissible and reliable evidence for the conviction, and the sentence imposed was appropriate given the seriousness of the offence and after consideration of all mitigating factors and alternatives.

Parties
Respondent: Regina; Appellant: Philip Giovannone
Jurisdiction
Australia
Judgment Date
14 August 2002
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed in part; conviction and sentence on third count quashed; appeal and application in relation to second count dismissed
Legal Topics
Perverting the Course of Justice, Corruption, Bribery of Public Officials, Sentencing, Admissibility of Evidence, Relationship/tendency Evidence
Criminal Law Evidence Sentencing Perverting the Course of Justice Corruption Bribery of Public Officials Admissibility of Evidence Relationship/tendency Evidence

Case Brief

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Parties

Regina

Respondent

Philip Giovannone

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the indictment was bad in law for lack of particulars or duplicity
  2. 2 Whether evidence from a poor-quality listening device recording and an 'enhanced' copy was admissible
  3. 3 Whether the transcript of the recorded conversation was properly admitted

Ratio Decidendi

The conviction and sentence on the third count were quashed due to the absence of jury directions limiting the use of tendency and coincidence evidence, presenting a risk of miscarriage of justice. The appeal on the second count was dismissed as there was sufficient admissible and reliable evidence for the conviction, and the sentence imposed was appropriate given the seriousness of the offence and after consideration of all mitigating factors and alternatives.

Court Disposition

Appeal allowed in part; conviction and sentence on third count quashed; appeal and application in relation to second count dismissed

Orders

  • Conviction and sentence on third count quashed
  • No new trial ordered on third count