R v McIntyre [2000] NSWCCA 6

R v McIntyre [2000] NSWCCA 6

The appeal was allowed because the cumulative errors and misconduct caused a miscarriage of justice: defence counsel's grossly inappropriate conduct in the presence of the jury was calculated to lead the jury to doubt the worth of listening to the defence; the judge had no justification for suggesting the Appellant could be criticised for not advancing an alternative fire explanation in the police interview; the directions may have wrongly prevented the jury from considering reasonable possibilities consistent with innocence in a circumstantial case; and the direction that the jury could treat the Appellant's provision of money as a gift was not open without explaining the different...

Jurisdiction
Australia
Judgment Date
24 February 2000
Procedural Posture
Criminal Appeal / Appeal to the New South Wales Court of Criminal Appeal From District Court Convictions and Sentences
Outcome
Appeal allowed; convictions and sentences quashed; new trial ordered.
Legal Topics
['miscarriage of Justice' 'counsel Misconduct' 'jury Directions' 'circumstantial Evidence' 'onus of Proof' 'claim of Right' 'new Trial']
['criminal Law' 'criminal Procedure' 'evidence'] ['miscarriage of Justice' 'counsel Misconduct' 'jury Directions' 'circumstantial Evidence' 'onus of Proof' 'claim of Right' 'new Trial']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Appeal to the New South Wales Court of Criminal Appeal From District Court Convictions and Sentences

Legal Issues

  1. 1 ["Whether the trial miscarried by reason of trial counsel's conduct and incompetence." 'Whether the trial judge erred in criticising the Appellant for failing to put to police that he thought Miss West lit the fire.' "Whether the trial judge erred in directions to the jury on the Appellant's case and circumstantial evidence." "Whether the trial judge erred in directing the jury to consider whether the Appellant's payment towards the motor vehicle was a gift."]

Ratio Decidendi

The appeal was allowed because the cumulative errors and misconduct caused a miscarriage of justice: defence counsel's grossly inappropriate conduct in the presence of the jury was calculated to lead the jury to doubt the worth of listening to the defence; the judge had no justification for suggesting the Appellant could be criticised for not advancing an alternative fire explanation in the police interview; the directions may have wrongly prevented the jury from considering reasonable possibilities consistent with innocence in a circumstantial case; and the direction that the jury could treat the Appellant's provision of money as a gift was not open without explaining the different...

Court Disposition

Appeal allowed; convictions and sentences quashed; new trial ordered.

Orders

  • ['Appeal allowed.' 'Convictions and sentences consequent thereon quashed.' 'A new trial of the Appellant ordered.']