Donai v R [2016] NSWCCA 212

Donai v R [2016] NSWCCA 212

The appeal was dismissed because none of the asserted errors or irregularities occasioned a miscarriage of justice, and the verdicts were open on the evidence. The trial judge's explanation of David Weightman's guilty plea was directed to avoiding speculation about an apparent inconsistency between the plea and his evidence, and the summing up repeatedly made clear that the jury had to be satisfied beyond reasonable doubt of the applicant's guilt and of the truthfulness of David Weightman's evidence. The Crown's submissions about the undercover recordings were available on the redacted evidence before the jury and did not rely on the excised material. The complained-of conduct of the...

Jurisdiction
Australia
Judgment Date
05 October 2016
Procedural Posture
Criminal Conviction Appeal and Application for Extension of Time / Court of Criminal Appeal Appeal From Supreme Court of New South Wales Convictions for Two Counts of Murder
Outcome
Extension of time granted; appeal dismissed.
Legal Topics
['conviction Appeal' 'murder' 'extension of Time' 'co Offender Guilty Plea' 'joint Criminal Enterprise' 'undercover Police Admissions' 'prosecutorial Conduct' 'unreasonable Verdict' 'accomplice Evidence Warning']
['criminal Law' 'criminal Procedure' 'evidence'] ['conviction Appeal' 'murder' 'extension of Time' 'co Offender Guilty Plea' 'joint Criminal Enterprise' 'undercover Police Admissions' 'prosecutorial Conduct' 'unreasonable Verdict' 'accomplice Evidence Warning']

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Procedural Posture

Criminal Conviction Appeal and Application for Extension of Time / Court of Criminal Appeal Appeal From Supreme Court of New South Wales Convictions for Two Counts of Murder

Legal Issues

  1. 1 ["Whether the trial judge erred by failing to discharge the jury or give appropriate directions after the jury was informed of David Weightman's plea of guilty and the basis on which he pleaded guilty." "Whether the trial judge's explanation of David Weightman's guilty plea occasioned a miscarriage of justice." 'Whether the trial judge erred by not directing the jury to disregard Crown submissions that the applicant was downplaying his involvement in admissions to undercover police.' 'Whether the conduct of the Crown Prosecutor prejudiced the jury against the applicant and caused the trial to miscarry.' 'Whether the verdicts of guilty of murder were unreasonable or could not be supported by the evidence.']

Ratio Decidendi

The appeal was dismissed because none of the asserted errors or irregularities occasioned a miscarriage of justice, and the verdicts were open on the evidence. The trial judge's explanation of David Weightman's guilty plea was directed to avoiding speculation about an apparent inconsistency between the plea and his evidence, and the summing up repeatedly made clear that the jury had to be satisfied beyond reasonable doubt of the applicant's guilt and of the truthfulness of David Weightman's evidence. The Crown's submissions about the undercover recordings were available on the redacted evidence before the jury and did not rely on the excised material. The complained-of conduct of the...

Court Disposition

Extension of time granted; appeal dismissed.

Orders

  • ['Extend the time for the filing of the notice of appeal/application for leave to appeal to 28 January 2016.' 'Dismiss the appeal.']