Regina -v- Smith [1999] NSWCCA 28

Regina -v- Smith [1999] NSWCCA 28

The appeal was dismissed because the jury, properly directed and having heard the witnesses, had ample evidence on which it was open to find the appellant guilty beyond reasonable doubt, and because the medical evidence relied on for the second ground was neither fresh nor new, having been available at trial and withheld from the jury for tactical reasons by trial counsel.

Jurisdiction
Australia
Judgment Date
10 March 1999
Procedural Posture
Criminal Appeal Against Conviction / Appeal From District Court Convictions to the New South Wales Court of Criminal Appeal
Outcome
Appeal dismissed
Legal Topics
['indecent Assault' 'act of Indecency' 'sexual Intercourse With Child Under Authority' 'unsafe and Unsatisfactory Verdict' 'fresh Evidence on Appeal' 'voir Dire Evidence' 'trial Counsel Forensic Decision']
['criminal Law' 'criminal Procedure' 'evidence'] ['indecent Assault' 'act of Indecency' 'sexual Intercourse With Child Under Authority' 'unsafe and Unsatisfactory Verdict' 'fresh Evidence on Appeal' 'voir Dire Evidence' 'trial Counsel Forensic Decision']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Appeal From District Court Convictions to the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the guilty verdicts were unsafe and unsatisfactory.' 'Whether medical evidence called on the voir dire but not called before the jury was fresh or new evidence available on appeal.' 'Whether the appellant was bound by the tactical decision of trial counsel not to call medical evidence before the jury.']

Ratio Decidendi

The appeal was dismissed because the jury, properly directed and having heard the witnesses, had ample evidence on which it was open to find the appellant guilty beyond reasonable doubt, and because the medical evidence relied on for the second ground was neither fresh nor new, having been available at trial and withheld from the jury for tactical reasons by trial counsel.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']