VY v R [2018] NSWDC 490

VY v R [2018] NSWDC 490

Leave to adduce fresh evidence was refused because s18(2) is an exceptional departure from the ordinary rehearing on Local Court evidence, the proposed evidence was or ought to have been available in the Local Court, the appellant was legally represented and made forensic choices about the evidence to adduce, there had been delay and repeated failures to comply with directions about filing fresh evidence, and the interests of justice, including finality of litigation and the circumstances of a child complainant in a domestic violence context, did not justify receiving the evidence on appeal.

Jurisdiction
Australia
Judgment Date
06 November 2018
Procedural Posture
Criminal All Grounds Appeal From Local Court / Application Under S18(2) of the Crimes (appeal and Review) Act 2001 to Adduce Fresh Evidence
Outcome
Application refused
Legal Topics
['appeal From Local Court' 'fresh Evidence on Appeal' 'interests of Justice' 'contravene an Avo' 'assault Occasioning Actual Bodily Harm' 'enter Premises Without Lawful Excuse']
['criminal Law' 'criminal Procedure'] ['appeal From Local Court' 'fresh Evidence on Appeal' 'interests of Justice' 'contravene an Avo' 'assault Occasioning Actual Bodily Harm' 'enter Premises Without Lawful Excuse']

Case Brief

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Procedural Posture

Criminal All Grounds Appeal From Local Court / Application Under S18(2) of the Crimes (appeal and Review) Act 2001 to Adduce Fresh Evidence

Legal Issues

  1. 1 ['Whether leave should be granted under s18(2) of the Crimes (Appeal and Review) Act 2001 to adduce fresh evidence on the appeal.' 'Whether the proposed evidence from YB, SC and Dr Garg was fresh evidence that should be received in the interests of justice.' 'Whether the appellant should be held to the forensic choices made in the Local Court where he was legally represented.' 'Whether delay and repeated non-compliance with court directions weighed against granting leave.']

Ratio Decidendi

Leave to adduce fresh evidence was refused because s18(2) is an exceptional departure from the ordinary rehearing on Local Court evidence, the proposed evidence was or ought to have been available in the Local Court, the appellant was legally represented and made forensic choices about the evidence to adduce, there had been delay and repeated failures to comply with directions about filing fresh evidence, and the interests of justice, including finality of litigation and the circumstances of a child complainant in a domestic violence context, did not justify receiving the evidence on appeal.

Court Disposition

Application refused

Orders

  • ['The application to adduce fresh evidence is refused.']