Regina v Robinson [1999] NSWCCA 172

Regina v Robinson [1999] NSWCCA 172

The failure of the trial judge to direct the jury on the relevance of the appellant's good character (raised via evidence of absence of prior convictions) was a material error resulting in miscarriage of justice, warranting quashing the conviction and sentence from the second trial and entering a verdict of acquittal, but not ordering a new trial given the time already served.

Jurisdiction
Australia
Judgment Date
02 July 1999
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed in relation to the second trial; conviction and sentence quashed and verdict of acquittal entered; no new trial ordered. Appeal dismissed in relation to the fourth trial; conviction and sentence confirmed. Appellant ordered released forthwith.
Legal Topics
['summing Up' 'character Evidence' 'jury Directions' 'delay in Complaint' 'sexual Offences']
['criminal Law'] ['summing Up' 'character Evidence' 'jury Directions' 'delay in Complaint' 'sexual Offences']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ['Whether the trial judge erred in failing to direct the jury properly on the use of character evidence' 'Whether the summing up was unbalanced or reversed the onus of proof' 'Adequacy of directions with respect to absence of complaint and delay' 'Whether media publicity caused miscarriage of justice']

Ratio Decidendi

The failure of the trial judge to direct the jury on the relevance of the appellant's good character (raised via evidence of absence of prior convictions) was a material error resulting in miscarriage of justice, warranting quashing the conviction and sentence from the second trial and entering a verdict of acquittal, but not ordering a new trial given the time already served.

Court Disposition

Appeal allowed in relation to the second trial; conviction and sentence quashed and verdict of acquittal entered; no new trial ordered. Appeal dismissed in relation to the fourth trial; conviction and sentence confirmed. Appellant ordered released forthwith.

Orders

  • ['Appeal allowed for second trial; conviction and sentence quashed; verdict and judgment of acquittal entered; no new trial.' 'Appeal dismissed for fourth trial; conviction and sentence confirmed.' 'Appellant to be released forthwith.']