Donai v R [2011] NSWCCA 173

Donai v R [2011] NSWCCA 173

The recorded material in which the appellant spoke of willingness to commit contract killings and claimed to have murdered two people in the past had little, if any, evidentiary value on the charged murders and was overwhelmingly prejudicial. Trial counsel should have objected to its admission. Its admission irretrievably prejudiced the appellant and occasioned a substantial miscarriage of justice, so the conviction appeal had to be allowed, the convictions quashed and a new trial ordered.

Jurisdiction
Australia
Judgment Date
05 August 2011
Procedural Posture
Criminal Conviction and Sentence Appeal Against Convictions for Murder / Court of Criminal Appeal; Leave Required Because the Grounds Did Not Involve a Question of Law Alone Under S 5(1) Criminal Appeal Act 1912
Outcome
Appeal against conviction upheld; convictions quashed; new trial ordered.
Legal Topics
['conviction Appeal' 'murder' 'undercover Police Recordings' 'bad Character Evidence' 'prejudicial Evidence' 'miscarriage of Justice' 'new Trial']
['criminal Law' 'criminal Procedure' 'evidence'] ['conviction Appeal' 'murder' 'undercover Police Recordings' 'bad Character Evidence' 'prejudicial Evidence' 'miscarriage of Justice' 'new Trial']

Case Brief

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Procedural Posture

Criminal Conviction and Sentence Appeal Against Convictions for Murder / Court of Criminal Appeal; Leave Required Because the Grounds Did Not Involve a Question of Law Alone Under S 5(1) Criminal Appeal Act 1912

Legal Issues

  1. 1 ['Whether parts of recorded conversations between the appellant and undercover police officers were inadmissible because they disclosed bad character, other criminal offending and willingness to commit serious crimes.' "Whether trial counsel's failure to object to the prejudicial material occasioned a miscarriage of justice." 'Whether any jury directions could cure the prejudice caused by admitting the evidence.' 'Whether other alleged errors concerning corroboration, lies, unresponsive evidence, hearsay, recall of a witness and summing up established a miscarriage of justice.']

Ratio Decidendi

The recorded material in which the appellant spoke of willingness to commit contract killings and claimed to have murdered two people in the past had little, if any, evidentiary value on the charged murders and was overwhelmingly prejudicial. Trial counsel should have objected to its admission. Its admission irretrievably prejudiced the appellant and occasioned a substantial miscarriage of justice, so the conviction appeal had to be allowed, the convictions quashed and a new trial ordered.

Court Disposition

Appeal against conviction upheld; convictions quashed; new trial ordered.

Orders

  • ['Appeal against conviction upheld and conviction quashed.' 'Order a new trial.']