Carnaby v R [2021] NSWCCA 275

Carnaby v R [2021] NSWCCA 275

The appeal was dismissed because the trial judge's refusal to adjourn was a permissible exercise of discretion, the applicant's complaints concerning trial counsel's competence were unfounded, no error was established in admission or exclusion of evidence, the Crown did not improperly withhold witnesses or evidence,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 November 2021
Procedural Posture
Appeal Against Conviction and Application for Release (bail) / Court of Criminal Appeal (nsw) Judgment on Appeal and Bail Application
Outcome
Appeal dismissed; bail (release) application dismissed.
Legal Topics
['appeal Against Conviction' 'bail Application' 'leave to Appeal' 'unreasonable Verdicts' 'admissions of Evidence' 'self Representation' 'forensic Choices']
['criminal Law'] ['appeal Against Conviction' 'bail Application' 'leave to Appeal' 'unreasonable Verdicts' 'admissions of Evidence' 'self Representation' 'forensic Choices']

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Procedural Posture

Appeal Against Conviction and Application for Release (bail) / Court of Criminal Appeal (nsw) Judgment on Appeal and Bail Application

Legal Issues

  1. 1 ['Whether the trial judge erred by refusing an adjournment and thereby requiring the applicant to represent himself' 'Whether evidence was wrongly admitted or excluded (including bank statements, witness statements, and criminal history)' 'Whether the verdicts of conviction were unreasonable or inconsistent with the evidence' 'Whether the Crown failed to call material witnesses or withheld evidence' 'Whether there was a miscarriage of justice during the conduct of the trial or summing up' 'Whether the bail (release) application pending appeal should be granted']

Ratio Decidendi

The appeal was dismissed because the trial judge's refusal to adjourn was a permissible exercise of discretion, the applicant's complaints concerning trial counsel's competence were unfounded, no error was established in admission or exclusion of evidence, the Crown did not improperly withhold witnesses or evidence, and the verdicts were open to the jury on the evidence. Accordingly, the applicant failed to show the verdicts were unreasonable, a miscarriage of justice, or error in conduct of the trial or summing up. The bail application was also dismissed as the substantive appeal failed, and no further basis for grant of bail existed.

Court Disposition

Appeal dismissed; bail (release) application dismissed.

Orders

  • ['In proceedings 2021/298644: Application for release dismissed.' 'In proceedings 2016/373162: Grant leave to appeal in respect of all grounds save for ground 4; refuse leave in respect of ground 4; dismiss the appeal.']