Maraache v R [2013] NSWCCA 199

Failure by the trial judge to adequately put Mr Maraache's defence case to the jury constituted a miscarriage of justice, warranting the quashing of the conviction and ordering a new trial.

Jurisdiction: Australia
Judgment Date: 03 September 2013
Procedural Posture: Criminal Appeal / Post Conviction (appeal From District Court)
Outcome: appeal allowed
Legal Topics: ['appeal' 'conviction' 'conduct of Judge' 'adequacy of Summing Up to Jury' 'defence Case' 'jury Directions']

['criminal Law'] ['appeal' 'conviction' 'conduct of Judge' 'adequacy of Summing Up to Jury' 'defence Case' 'jury Directions']

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Procedural Posture

Criminal Appeal / Post Conviction (appeal From District Court)

Legal Issues

1 ['whether the trial judge adequately put the defence case to the jury' 'whether the failure to summarize the defence case resulted in unfairness or miscarriage of justice']

Ratio Decidendi

Failure by the trial judge to adequately put Mr Maraache's defence case to the jury constituted a miscarriage of justice, warranting the quashing of the conviction and ordering a new trial.

Court Disposition

appeal allowed

Orders

['Leave to appeal be granted.' 'The conviction be quashed.' 'A new trial ordered.']