Robert Clee v R [2009] NSWCCA 18

Robert Clee v R [2009] NSWCCA 18

Trial counsel's disclosure and use of the appellant's criminal history was a carefully considered forensic decision made on instructions in a difficult trial context and was a rational tactical choice, not flagrant incompetence; no significant possibility was established that the jury impermissibly relied on the criminal history as evidence of guilt. The trial judge's directions, viewed overall, told the jury in strong terms that the appellant's criminal history was irrelevant and could not be used as tendency evidence, and leave under r 4 was refused because no objection or request for further direction was made. The alleged factual slip in the summing up did not confuse or mislead the...

Jurisdiction
Australia
Judgment Date
17 February 2009
Procedural Posture
Criminal Conviction Appeal / Appeal in the New South Wales Court of Criminal Appeal From a District Court Conviction
Outcome
Appeal dismissed.
Legal Topics
['competence of Counsel' 'miscarriage of Justice' 'use of Evidence of Prior Criminal Convictions' 'jury Directions' 'rule 4 of the Criminal Appeal Rules']
['criminal Law' 'evidence' 'criminal Procedure'] ['competence of Counsel' 'miscarriage of Justice' 'use of Evidence of Prior Criminal Convictions' 'jury Directions' 'rule 4 of the Criminal Appeal Rules']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Conviction Appeal / Appeal in the New South Wales Court of Criminal Appeal From a District Court Conviction

Legal Issues

  1. 1 ["Whether trial counsel's conduct in raising and adducing evidence of the appellant's criminal convictions and bad character gave rise to a miscarriage of justice." "Whether the trial judge's failure to direct the jury about the permissible uses of evidence of the appellant's criminal convictions gave rise to a miscarriage of justice." "Whether a factual error in the trial judge's summing up gave rise to a miscarriage of justice."]

Ratio Decidendi

Trial counsel's disclosure and use of the appellant's criminal history was a carefully considered forensic decision made on instructions in a difficult trial context and was a rational tactical choice, not flagrant incompetence; no significant possibility was established that the jury impermissibly relied on the criminal history as evidence of guilt. The trial judge's directions, viewed overall, told the jury in strong terms that the appellant's criminal history was irrelevant and could not be used as tendency evidence, and leave under r 4 was refused because no objection or request for further direction was made. The alleged factual slip in the summing up did not confuse or mislead the...

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.']