Regina v Guider [2000] NSWCCA 355

Regina v Guider [2000] NSWCCA 355

No error was found in the exclusion or acceptance of Redibaum's evidence; counsel's tactical decisions regarding evidence did not constitute incompetence or cause miscarriage of justice; sentencing principles were properly applied given appellant's criminal history and nature of offence.

Parties
Respondent: The Crown; Appellant: Timothy Paul Guider
Jurisdiction
Australia
Judgment Date
13 September 2000
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed
Legal Topics
Robbery, Evidence, Reliability of Witness, Mental Disorder, Conduct of Legal Practitioners, Incompetence of Counsel, Duties of Trial Judge
Criminal Law Robbery Evidence Reliability of Witness Mental Disorder Conduct of Legal Practitioners Incompetence of Counsel Duties of Trial Judge

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Parties

The Crown

Respondent

Timothy Paul Guider

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 reliability of Crown witness (Redibaum) due to psychiatric reasons
  2. 2 alleged incompetence of counsel for failing to raise mental state of Redibaum before jury
  3. 3 failure to raise appellant's prior criminal history before jury

Ratio Decidendi

No error was found in the exclusion or acceptance of Redibaum's evidence; counsel's tactical decisions regarding evidence did not constitute incompetence or cause miscarriage of justice; sentencing principles were properly applied given appellant's criminal history and nature of offence.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed

Orders

  • Appeal against conviction dismissed.
  • Leave to appeal against sentence granted but appeal against sentence dismissed.