Strachan v R [2017] NSWCCA 322

Strachan v R [2017] NSWCCA 322

The machine gun manual was properly admitted as relevant circumstantial evidence bearing on the applicant's knowledge of firearms in his garage; the probative value was not outweighed by unfair prejudice, jury directions given adequately reflected the law on lies and consideration of sworn evidence, and no miscarriage arose from alleged video or directions issues.

Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction, Final Determination
Outcome
leave refused for grounds 2, 3 and 4; leave granted for ground 1; appeal dismissed
Legal Topics
['firearms Offences' 'admissibility of Evidence' 'jury Directions' 'tendency Evidence' 'possession of Firearms']
['criminal Law'] ['firearms Offences' 'admissibility of Evidence' 'jury Directions' 'tendency Evidence' 'possession of Firearms']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction, Final Determination

Legal Issues

  1. 1 ['whether errors in admitting evidence at trial' "whether errors in trial judge's directions to the jury" "whether error in directions regarding jury's consideration of sworn evidence of accused" 'whether error in directions regarding potential lies told by accused under oath' 'failure to edit out inadmissible evidence in video of search' 'admissibility and relevance of machine gun construction manual']

Ratio Decidendi

The machine gun manual was properly admitted as relevant circumstantial evidence bearing on the applicant's knowledge of firearms in his garage; the probative value was not outweighed by unfair prejudice, jury directions given adequately reflected the law on lies and consideration of sworn evidence, and no miscarriage arose from alleged video or directions issues.

Court Disposition

leave refused for grounds 2, 3 and 4; leave granted for ground 1; appeal dismissed

Orders

  • ['Refuse leave to appeal with respect to grounds 2, 3 and 4.' 'Grant leave to appeal in respect of ground 1.' 'Dismiss the appeal.']