Regina v Arthur Stanley Smith [2000] NSWCCA 202

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

1. 1 ["Whether the trial judge erred in failing to give a Jones v Dunkel direction regarding the Crown's failure to call 'Mr White'." 'Whether the jury directions permitted conviction without proper regard to the totality of evidence.' 'Whether the evidence of taped confessions should have been excluded as elicited by an agent of the state or contrary to fairness.' 'Whether the trial judge failed to adequately summarise the defence case or misdirected as to motive to lie.' 'Whether the jury should have been discharged due to illness or prolonged deliberations.' 'Whether the conviction was unreasonable having regard to the evidence.' 'Whether the sentence was manifestly excessive or wrongly classified as worst category.']

Ratio Decidendi

There was no miscarriage of justice in the Crown not calling 'Mr White'; the trial judge's jury directions, including on the evidence of key witnesses and the requirement to consider all evidence, were adequate. The evidence of the appellant's admissions was properly admitted, as it was not unfairly obtained by an agent of the state. The judge likewise did not err in declining to discharge the jury or in the sentencing categorisation. The verdict of guilt and sentence were open on the evidence, and no error or injustice was made out.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

• ['Appeal against conviction dismissed.' 'Leave to appeal against sentence granted.' 'Appeal against sentence dismissed.']