Abbott v R [2015] NSWCCA 7

Abbott v R [2015] NSWCCA 7

No miscarriage of justice resulted from the Crown prosecutor's remarks as, in the context of all directions given and the summing-up, the jury would have understood and applied the correct burden of proof, and not treated the applicant as a suspect witness. The appeal was therefore dismissed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 February 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
['appeal Against Conviction' "crown's Closing Address" 'miscarriage of Justice' 'burden of Proof' 'directions to Jury' 'assessment of Credibility']
['criminal Law'] ['appeal Against Conviction' "crown's Closing Address" 'miscarriage of Justice' 'burden of Proof' 'directions to Jury' 'assessment of Credibility']

Source-derived case record

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the trial miscarried due to statements and submissions made by the Crown prosecutor in the closing address' "Whether the Crown's address impermissibly suggested the accused had a motive to lie" 'Whether the address introduced consciousness of guilt reasoning' 'Whether procedural fairness was denied by absence of curative direction']

Ratio Decidendi

No miscarriage of justice resulted from the Crown prosecutor's remarks as, in the context of all directions given and the summing-up, the jury would have understood and applied the correct burden of proof, and not treated the applicant as a suspect witness. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Leave to appeal granted under s 5 Criminal Appeal Act 1912 (NSW)' 'Appeal dismissed']