Kidd v R [2014] NSWCCA 319

Kidd v R [2014] NSWCCA 319

Although GAR's evidence was treated as fresh because it was not shown to have been available to the applicant at trial, the evidence concerning Ms Meagher's alleged statements about the provenance of the jewellery and setting up the applicant was not apparently credible, capable of belief or plausible. The circumstances in which GAR came to disclose the evidence were implausible, there were serious credibility problems, and there was no sensible basis for the alleged motive for Ms Meagher to lie in late 2003 or at the 2004 trial. Because the proposed appeal lacked merit, leave to extend time to file the notice of appeal was refused.

Jurisdiction
Australia
Judgment Date
19 December 2014
Procedural Posture
Criminal Application for Leave to Extend Time for Filing Notice of Appeal Against Conviction / Court of Criminal Appeal Application for Extension of Time Based on Alleged Fresh Evidence
Outcome
Application for leave to extend time for filing of notice of appeal refused.
Legal Topics
['fresh Evidence' 'appeal Against Conviction' 'extension of Time to Appeal' 'miscarriage of Justice' 'credibility of Evidence']
['criminal Law' 'criminal Appeals'] ['fresh Evidence' 'appeal Against Conviction' 'extension of Time to Appeal' 'miscarriage of Justice' 'credibility of Evidence']

Case Brief

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Procedural Posture

Criminal Application for Leave to Extend Time for Filing Notice of Appeal Against Conviction / Court of Criminal Appeal Application for Extension of Time Based on Alleged Fresh Evidence

Legal Issues

  1. 1 ['Whether the evidence from GAR was fresh evidence not actually or constructively available at trial.' "Whether GAR's evidence about alleged statements by Ms Meagher was credible, capable of belief or plausible." 'Whether the alleged fresh evidence, in the context of the trial evidence, would likely have caused the jury to entertain a reasonable doubt or created a significant possibility of acquittal.' 'Whether leave to extend time for filing a notice of appeal should be granted where the appeal lacked merit.']

Ratio Decidendi

Although GAR's evidence was treated as fresh because it was not shown to have been available to the applicant at trial, the evidence concerning Ms Meagher's alleged statements about the provenance of the jewellery and setting up the applicant was not apparently credible, capable of belief or plausible. The circumstances in which GAR came to disclose the evidence were implausible, there were serious credibility problems, and there was no sensible basis for the alleged motive for Ms Meagher to lie in late 2003 or at the 2004 trial. Because the proposed appeal lacked merit, leave to extend time to file the notice of appeal was refused.

Court Disposition

Application for leave to extend time for filing of notice of appeal refused.

Orders

  • ['Application for leave to extend time for filing of notice of appeal refused.']