Chisari v Regina (No 2) [2006] NSWCCA 325

Chisari v Regina (No 2) [2006] NSWCCA 325

The appeal failed because the matters concerning photographs, tyre marks, witness conflicts, credibility and mechanical defect were for the jury; no error was shown in the discharge of the ill juror or continuation with eleven jurors, in the admission or treatment of the absent witness statement, in the handling of Constable Harder's statement under s 33 of the Evidence Act 1995, in the absence of an Edwards direction, or in supplying transcripts to the jury. On the whole of the evidence it was plainly open to the jury to be satisfied of guilt beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
12 October 2006
Procedural Posture
Criminal Conviction Appeal / New South Wales Court of Criminal Appeal From District Court Conviction After Jury Trial
Outcome
Any necessary extension of time for filing the notice of appeal against conviction was granted, but the conviction appeal was dismissed.
Legal Topics
['maliciously Inflicting Grievous Bodily Harm With Intent' 'unreasonable or Unsafe Verdict' 'discharge of Ill Juror' 'eleven Person Jury' 'admission of Absent Witness Statement' 'police Officer Statement Under Evidence Act 1995 S 33' 'jury Requests for Transcript' 'lies Direction']
['criminal Law' 'criminal Procedure' 'evidence'] ['maliciously Inflicting Grievous Bodily Harm With Intent' 'unreasonable or Unsafe Verdict' 'discharge of Ill Juror' 'eleven Person Jury' 'admission of Absent Witness Statement' 'police Officer Statement Under Evidence Act 1995 S 33' 'jury Requests for Transcript' 'lies Direction']

Case Brief

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Procedural Posture

Criminal Conviction Appeal / New South Wales Court of Criminal Appeal From District Court Conviction After Jury Trial

Legal Issues

  1. 1 ['Whether the verdict was manifestly wrong, unsafe or unreasonable or involved a substantial miscarriage of justice.' 'Whether the trial miscarried because an ill juror was discharged and the trial continued with eleven jurors.' 'Whether evidence from an absent witness who had left Australia was wrongly admitted despite the lack of cross-examination.' 'Whether the trial judge erred in permitting Constable Harder to give evidence by being led through his statement under s 33 of the Evidence Act 1995.' "Whether conflicts in witness statements, the complainant's credibility, photographic evidence, forensic evidence, tyre marks or alleged mechanical defect demonstrated appealable error." 'Whether a direction under Edwards v The Queen was required concerning alleged lies by the appellant.' 'Whether providing transcripts to the jury on request after retirement gave rise to legitimate complaint.']

Ratio Decidendi

The appeal failed because the matters concerning photographs, tyre marks, witness conflicts, credibility and mechanical defect were for the jury; no error was shown in the discharge of the ill juror or continuation with eleven jurors, in the admission or treatment of the absent witness statement, in the handling of Constable Harder's statement under s 33 of the Evidence Act 1995, in the absence of an Edwards direction, or in supplying transcripts to the jury. On the whole of the evidence it was plainly open to the jury to be satisfied of guilt beyond reasonable doubt.

Court Disposition

Any necessary extension of time for filing the notice of appeal against conviction was granted, but the conviction appeal was dismissed.

Orders

  • ['The appellant is granted any necessary extension of time for filing his notice of appeal against conviction.' 'The appeal is dismissed.']