Regina v Naudi [1999] NSWCCA 259

Appropriate directions on right to silence and refusal to give blood sample were given; evidence relating to semen on nightdress was properly admitted and corroborative; no miscarriage of justice occurred; sentence was not manifestly excessive so appeals against conviction and sentence fail.

Jurisdiction: Australia
Judgment Date: 25 August 1999
Procedural Posture: Criminal Appeal / Appeal Against Conviction and Sentence
Outcome: appeal dismissed
Legal Topics: ['appeal Against Conviction' 'appeal Against Sentence' 'admissibility of Evidence' 'jury Directions' 'corroboration' 'delay in Complaint']

['criminal Law'] ['appeal Against Conviction' 'appeal Against Sentence' 'admissibility of Evidence' 'jury Directions' 'corroboration' 'delay in Complaint']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

1 ['whether evidence of right to silence and refusal to give blood sample was admissible' 'whether the trial judge gave the appropriate directions regarding the right to silence and refusal to provide blood sample' "whether admission of evidence of semen on complainant's nightdress was correct" 'whether the judge erred in reference to guilty plea to one charge' 'whether there was failure to warn jury about delay in complaint' 'whether summing up was overemphasised towards Crown case' 'whether the conviction resulted in a miscarriage of justice' 'whether the sentence was manifestly excessive']

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

['Appeal against conviction dismissed' 'Leave to appeal against sentence allowed' 'Appeal against sentence dismissed']