Regina v T J Fuller [2002] NSWCCA 121

Regina v T J Fuller [2002] NSWCCA 121

The Court held that the fresh evidence did not present a significant possibility that a jury, acting reasonably, would have acquitted the appellant, nor did the inability to adduce character evidence constitute a miscarriage of justice. The evidence against the appellant was strong and corroborated, and neither ground of appeal warranted a different outcome.

Parties
Respondent: Regina; Appellant: Terrence James Fuller
Jurisdiction
Australia
Judgment Date
17 April 2002
Procedural Posture
Criminal Appeal / Appeal Against Conviction Before the NSW Court of Criminal Appeal
Outcome
Appeal dismissed
Legal Topics
Appeal Against Conviction, Fresh Evidence, Character Evidence, Procedural Fairness, Sexual Offences
Criminal Law Appeal Against Conviction Fresh Evidence Character Evidence Procedural Fairness Sexual Offences

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Terrence James Fuller

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction Before the NSW Court of Criminal Appeal

Legal Issues

  1. 1 Whether fresh evidence should be admitted on appeal to support a possibility of acquittal
  2. 2 Whether inability to adduce character evidence resulted in miscarriage of justice

Ratio Decidendi

The Court held that the fresh evidence did not present a significant possibility that a jury, acting reasonably, would have acquitted the appellant, nor did the inability to adduce character evidence constitute a miscarriage of justice. The evidence against the appellant was strong and corroborated, and neither ground of appeal warranted a different outcome.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed