LAMERI v R [2007] NSWCCA 111

LAMERI v R [2007] NSWCCA 111

Because the appellant was tried jointly with Mr Cohen and the Crown accepted that the same prosecutorial error that caused Mr Cohen's trial to miscarry also affected the appellant's trial, and because neither party supported application of the proviso, the appellant's conviction should be quashed and a new trial ordered.

Jurisdiction
Australia
Judgment Date
10 April 2007
Procedural Posture
Criminal Appeal Against Conviction / Court of Criminal Appeal
Outcome
Conviction quashed and a new trial ordered
Legal Topics
['obtaining a Valuable Thing by Deception' 'money Laundering' "prosecutor's Final Address to Jury" 'miscarriage of Trial' 'proviso' 'new Trial']
['criminal Law' 'criminal Procedure'] ['obtaining a Valuable Thing by Deception' 'money Laundering' "prosecutor's Final Address to Jury" 'miscarriage of Trial' 'proviso' 'new Trial']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the error found to have affected co-accused Phillip Barry Cohen's trial also affected the appellant's trial." 'Whether the Court should apply the proviso notwithstanding the identified error.']

Ratio Decidendi

Because the appellant was tried jointly with Mr Cohen and the Crown accepted that the same prosecutorial error that caused Mr Cohen's trial to miscarry also affected the appellant's trial, and because neither party supported application of the proviso, the appellant's conviction should be quashed and a new trial ordered.

Court Disposition

Conviction quashed and a new trial ordered

Orders

  • ['The conviction of Mr Lameri is quashed.' 'A new trial is ordered.']