Glynn v R [2020] NSWCCA 347

Glynn v R [2020] NSWCCA 347

The trial judge erred in refusing to admit the video, and the proviso could not be applied. The trial turned on witness credibility. Constable Connor's evidence that he did not remember Ms Glynn showing an injured finger, and that he would usually have photographed an injury, was used by the Crown to attack Ms Glynn's credibility. The excluded video may have removed that avenue of attack and supported the appellant's case that the complainant was the aggressor. Despite the strength of the Crown case and the difficulty posed by the complainant's injuries, the Court could not conclude that the appellant's, Ms Glynn's and Mrs Glynn's evidence was obviously false, nor exclude the possibility...

Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Criminal Appeal Against Conviction / Appeal From District Court Conviction After Jury Verdict; Crown Conceded Error in Exclusion of Video Evidence and Sought Application of the Proviso
Outcome
Appeal upheld; conviction and sentence quashed; case listed for mention in the District Court at Sydney.
Legal Topics
['appeal Against Conviction' 'recklessly Causing Grievous Bodily Harm' 'miscarriage of Justice' 'proviso' 'admissibility of Video Evidence' 'witness Credibility' 'self Defence' 'cross Examination of Unfavourable Witness' 'unreliable Evidence Warning']
['criminal Law' 'criminal Procedure' 'evidence Law'] ['appeal Against Conviction' 'recklessly Causing Grievous Bodily Harm' 'miscarriage of Justice' 'proviso' 'admissibility of Video Evidence' 'witness Credibility' 'self Defence' 'cross Examination of Unfavourable Witness' 'unreliable Evidence Warning']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Conviction / Appeal From District Court Conviction After Jury Verdict; Crown Conceded Error in Exclusion of Video Evidence and Sought Application of the Proviso

Legal Issues

  1. 1 ['Whether the trial judge erred in refusing to admit the video described as "2 Cassandra Glynn giving statement".' 'Whether, notwithstanding that error, no substantial miscarriage of justice actually occurred so that the proviso under s 6(1) of the Criminal Appeal Act 1912 (NSW) should be applied.' 'Whether the oral evidence of the appellant, Ms Cassandra Glynn and Mrs Candace Glynn contrary to the Crown case was obviously false.' 'Whether the exclusion of the video deprived the appellant of a chance of acquittal that was fairly open to him.']

Ratio Decidendi

The trial judge erred in refusing to admit the video, and the proviso could not be applied. The trial turned on witness credibility. Constable Connor's evidence that he did not remember Ms Glynn showing an injured finger, and that he would usually have photographed an injury, was used by the Crown to attack Ms Glynn's credibility. The excluded video may have removed that avenue of attack and supported the appellant's case that the complainant was the aggressor. Despite the strength of the Crown case and the difficulty posed by the complainant's injuries, the Court could not conclude that the appellant's, Ms Glynn's and Mrs Glynn's evidence was obviously false, nor exclude the possibility...

Court Disposition

Appeal upheld; conviction and sentence quashed; case listed for mention in the District Court at Sydney.

Orders

  • ['Appeal upheld.' "The appellant's conviction and sentence are quashed." 'List the case for mention at the District Court at Sydney on 22 January 2021 at 9:30am.']