Regina v Slattery [2002] NSWCCA 367

Regina v Slattery [2002] NSWCCA 367

The failure of the trial judge to adequately direct the jury on the disadvantage suffered by the accused due to the destruction of the firearm, together with the inappropriately given Jones v Dunkel directions regarding witnesses not called, resulted in a miscarriage of justice. Accordingly, the conviction should be quashed and a verdict of acquittal entered.

Jurisdiction
Australia
Judgment Date
04 September 2002
Procedural Posture
Criminal Appeal / Post Conviction Appeal Before Court of Criminal Appeal
Outcome
Appeal allowed; conviction quashed; verdict of acquittal entered.
Legal Topics
['evidence Destruction' 'jury Directions' 'jones V Dunkel Direction' 'motive Evidence' 'ballistics Evidence' 'miscarriage of Justice']
['criminal Law'] ['evidence Destruction' 'jury Directions' 'jones V Dunkel Direction' 'motive Evidence' 'ballistics Evidence' 'miscarriage of Justice']

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Procedural Posture

Criminal Appeal / Post Conviction Appeal Before Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the trial judge sufficiently directed the jury on the disadvantages suffered by the accused due to destruction of the firearm.' 'Whether Jones v Dunkel directions regarding non-calling of certain witnesses were appropriate.' 'Whether the prior acquittal on related charges prevented the Crown from raising motive of guarding the cannabis crop.']

Ratio Decidendi

The failure of the trial judge to adequately direct the jury on the disadvantage suffered by the accused due to the destruction of the firearm, together with the inappropriately given Jones v Dunkel directions regarding witnesses not called, resulted in a miscarriage of justice. Accordingly, the conviction should be quashed and a verdict of acquittal entered.

Court Disposition

Appeal allowed; conviction quashed; verdict of acquittal entered.

Orders

  • ['Extend the time within which the appellant may appeal to this Court.' 'Appeal allowed; conviction quashed; verdict of acquittal entered.']