PM v R [2017] NSWCCA 108

PM v R [2017] NSWCCA 108

The Court granted an extension of time and leave, but dismissed the appeal because the trial judge adequately directed himself on significant forensic disadvantage, did not reverse the onus of proof, gave sufficient Murray and s 165 warnings about MP's evidence, and did not err in declining to give a limited good character direction in circumstances where the absence of sexual assault convictions had no probative force for the judge's determination.

Jurisdiction
Australia
Judgment Date
24 May 2017
Procedural Posture
Criminal Appeal Against Conviction / Application for Extension of Time and Leave to Appeal; Appeal Determined
Outcome
Appeal dismissed.
Legal Topics
['appeal Against Conviction' 'judge Alone Trial' 'significant Forensic Disadvantage Direction' 'delay in Prosecution' 'murray Direction' 'onus of Proof' 'unreliable Evidence Warning' 'limited Good Character Direction']
['criminal Law' 'evidence' 'criminal Procedure' 'appeals'] ['appeal Against Conviction' 'judge Alone Trial' 'significant Forensic Disadvantage Direction' 'delay in Prosecution' 'murray Direction' 'onus of Proof' 'unreliable Evidence Warning' 'limited Good Character Direction']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Application for Extension of Time and Leave to Appeal; Appeal Determined

Legal Issues

  1. 1 ['Whether an extension of time in which to seek leave to appeal should be granted.' 'Whether the trial judge failed to properly or adequately direct himself regarding forensic disadvantage arising from missing school records and deceased witnesses.' "Whether the trial judge reversed the onus of proof or erred in applying the relevant principles to the first complainant's evidence." "Whether the trial judge failed to give an adequate direction pursuant to R v Murray and regarding the reliability of the first complainant's evidence." 'Whether the trial judge erred in relation to evidence that the appellant had been charged but not convicted of sexual assaults, or in failing to give a limited good character direction.']

Ratio Decidendi

The Court granted an extension of time and leave, but dismissed the appeal because the trial judge adequately directed himself on significant forensic disadvantage, did not reverse the onus of proof, gave sufficient Murray and s 165 warnings about MP's evidence, and did not err in declining to give a limited good character direction in circumstances where the absence of sexual assault convictions had no probative force for the judge's determination.

Court Disposition

Appeal dismissed.

Orders

  • ['An extension of time in which to seek leave to appeal is granted.' 'Leave to appeal is granted.' 'Appeal dismissed.']