R v Do [2004] NSWCCA 137

R v Do [2004] NSWCCA 137

The appeal was allowed and a new trial ordered because the trial judge misdirected the jury by inviting them to use evidence of lies as evidence of consciousness of guilt, contrary to the appropriate use as affecting credibility only, and failed to give proper warning as per Edwards. Additionally, the judge erred in...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 May 2004
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed, new trial ordered
Legal Topics
['importation of Heroin' 'admissibility and Use of Lies' 'directions to Jury' 'good Character Evidence']
['criminal Law'] ['importation of Heroin' 'admissibility and Use of Lies' 'directions to Jury' 'good Character Evidence']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ["Whether the trial judge's directions to the jury about the appellant's lies were appropriate" "Whether the evidence of good character was relevant to the appellant's credibility"]

Ratio Decidendi

The appeal was allowed and a new trial ordered because the trial judge misdirected the jury by inviting them to use evidence of lies as evidence of consciousness of guilt, contrary to the appropriate use as affecting credibility only, and failed to give proper warning as per Edwards. Additionally, the judge erred in limiting the use of good character evidence.

Court Disposition

Appeal allowed, new trial ordered

Orders

  • ['Appeal allowed' 'New trial ordered']