Olivieri v R [2016] NSWCCA 169

Olivieri v R [2016] NSWCCA 169

The court found that the controlled operation was lawfully authorised and executed, the challenged evidence was admissible, and there was no legal, forensic, or procedural error that caused a miscarriage of justice. The fresh evidence did not support the applicant's exoneration, there was no incompetence by counsel, and the verdict was reasonable on the evidence. Accordingly, the appeal was dismissed.

Parties
Applicant: Tony Olivieri; Respondent: Crown
Jurisdiction
Australia
Judgment Date
22 August 2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Murder, Appeal Against Conviction, Circumstantial Evidence, Controlled Operations, Admissibility of Evidence, Incompetence of Counsel, Unsafe Verdict
Criminal Law Murder Appeal Against Conviction Circumstantial Evidence Controlled Operations Admissibility of Evidence Incompetence of Counsel Unsafe Verdict

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Tony Olivieri

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the controlled operation authorisation was unlawful
  2. 2 Whether intercepted telephone evidence was inadmissible
  3. 3 Whether new DNA evidence should be admitted

Ratio Decidendi

The court found that the controlled operation was lawfully authorised and executed, the challenged evidence was admissible, and there was no legal, forensic, or procedural error that caused a miscarriage of justice. The fresh evidence did not support the applicant's exoneration, there was no incompetence by counsel, and the verdict was reasonable on the evidence. Accordingly, the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Extend the time within which to commence this appeal to 30 September 2014.
  • To the extent necessary, grant leave to appeal.