REGINA v McCORMACK [2003] NSWCCA 340

Because the honesty of the police witnesses was the crucial issue at trial, and Royal Commission evidence indicated that officers who gave evidence were corrupt and had fabricated evidence against suspects, there had been a miscarriage of justice and the conviction had to be quashed.

Jurisdiction: Australia
Judgment Date: 29 October 2003
Procedural Posture: Criminal Appeal / Referral to the Court of Criminal Appeal Under S474 C(2) of the Crimes Act 1900 / Determination of Referred Conviction After Earlier Appeal Dismissed
Outcome: Conviction quashed, verdict of acquittal entered.
Legal Topics: ['miscarriage of Justice' 'conviction Appeal' 'police Corruption' 'fabricated Evidence' 'supply of Cannabis Resin']

['criminal Law' 'criminal Procedure'] ['miscarriage of Justice' 'conviction Appeal' 'police Corruption' 'fabricated Evidence' 'supply of Cannabis Resin']

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Procedural Posture

Criminal Appeal / Referral to the Court of Criminal Appeal Under S474 C(2) of the Crimes Act 1900 / Determination of Referred Conviction After Earlier Appeal Dismissed

Legal Issues

1 ["Whether Royal Commission evidence that police witnesses at the appellant's trial were corrupt and fabricated evidence established a miscarriage of justice." "Whether the appellant's conviction for knowingly taking part in the supply of cannabis resin should be quashed."]

Ratio Decidendi

Court Disposition

Conviction quashed, verdict of acquittal entered.

Orders

["The appellant's conviction is quashed." 'A verdict of acquittal is directed.']