Dunks v R [2014] NSWCCA 134

Dunks v R [2014] NSWCCA 134

The text message was a prior representation by Clayton Carrie blaming the appellant for getting him involved in the break and enter offence, and it was consistent with Carrie's evidence that the appellant initiated going to Ms Channon's house to take drugs and directed Carrie's involvement. Because Carrie's...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 July 2014
Procedural Posture
Criminal Appeal Against Conviction / Appeal to the Court of Criminal Appeal From a Jury Conviction in the District Court at Goulburn
Outcome
Appeal against conviction dismissed
Legal Topics
['appeal Against Conviction' 'break, Enter and Steal in Circumstances of Aggravation' 'prior Consistent Statement' 're Establishing Credibility' 'evidence Act 1995 (nsw) S 108' 'evidence Act 1995 (nsw) S 192' 'armchair Appeal']
['criminal Law' 'evidence Law'] ['appeal Against Conviction' 'break, Enter and Steal in Circumstances of Aggravation' 'prior Consistent Statement' 're Establishing Credibility' 'evidence Act 1995 (nsw) S 108' 'evidence Act 1995 (nsw) S 192' 'armchair Appeal']

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Procedural Posture

Criminal Appeal Against Conviction / Appeal to the Court of Criminal Appeal From a Jury Conviction in the District Court at Goulburn

Legal Issues

  1. 1 ['Whether the trial judge erred in admitting evidence of a text message sent by Clayton Carrie as a prior consistent statement for the purpose of re-establishing his credit under s 108(3) of the Evidence Act 1995 (NSW).' 'Whether the trial judge erred by failing expressly to consider s 192 of the Evidence Act 1995 (NSW) before granting leave for the Crown to re-examine Clayton Carrie about the text message.' 'Whether any error led to a substantial miscarriage of justice.']

Ratio Decidendi

The text message was a prior representation by Clayton Carrie blaming the appellant for getting him involved in the break and enter offence, and it was consistent with Carrie's evidence that the appellant initiated going to Ms Channon's house to take drugs and directed Carrie's involvement. Because Carrie's credibility had been attacked on the basis of self-interest and fabrication or reconstruction, the message was admissible under s 108(3). No error arose from the trial judge not expressly referring to s 192, because the s 192 matters had no material bearing on the admissibility ruling in the circumstances. The appeal against conviction was therefore dismissed.

Court Disposition

Appeal against conviction dismissed

Orders

  • ['Appeal against conviction dismissed.']