Phillips v R [2016] NSWCCA 159

Phillips v R [2016] NSWCCA 159

There was no error in the failure of the trial judge to direct the jury on causation when identification was the only real issue at trial and no relevant objection or argument was raised concerning causation; leave to appeal refused.

Jurisdiction
Australia
Judgment Date
10 August 2016
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction
Outcome
Leave to appeal refused
Legal Topics
['grievous Bodily Harm' 'appeal Against Conviction' 'jury Directions' 'causation' 'identification']
['criminal Law'] ['grievous Bodily Harm' 'appeal Against Conviction' 'jury Directions' 'causation' 'identification']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the trial judge erred by not directing jury as to causation' 'Whether verdict was unreasonable due to evidence incapable of establishing causation' 'Whether failure to direct on causation was legal error given identification was sole issue']

Ratio Decidendi

There was no error in the failure of the trial judge to direct the jury on causation when identification was the only real issue at trial and no relevant objection or argument was raised concerning causation; leave to appeal refused.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused']