Tiriaki v R [2023] NSWCCA 73

Tiriaki v R [2023] NSWCCA 73

Salim Tabbah’s evidence constituted fresh evidence, was capable of belief, and its absence at trial constituted a miscarriage of justice because there was a significant possibility a jury acting reasonably would have acquitted the applicant of murder had the evidence been available at trial.

Jurisdiction
Australia
Judgment Date
29 March 2023
Procedural Posture
Criminal Appeal / Leave Application and Appeal Against Conviction
Outcome
Appeal allowed; new trial ordered
Legal Topics
['appeal Against Conviction' 'fresh Evidence' 'miscarriage of Justice' 'murder' 'manslaughter']
['criminal Law'] ['appeal Against Conviction' 'fresh Evidence' 'miscarriage of Justice' 'murder' 'manslaughter']

Case Brief

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Procedural Posture

Criminal Appeal / Leave Application and Appeal Against Conviction

Legal Issues

  1. 1 ["Whether Mr Tabbah's evidence was fresh evidence" "Whether Mr Tabbah's new evidence was apparently credible or capable of belief" 'Whether there was a significant possibility the jury acting reasonably would have acquitted the applicant if the fresh evidence was available at trial' 'Whether there was a miscarriage of justice']

Ratio Decidendi

Salim Tabbah’s evidence constituted fresh evidence, was capable of belief, and its absence at trial constituted a miscarriage of justice because there was a significant possibility a jury acting reasonably would have acquitted the applicant of murder had the evidence been available at trial.

Court Disposition

Appeal allowed; new trial ordered

Orders

  • ['Grant leave to the applicant to raise ground 1 of the appeal' 'Appeal allowed' 'Quash the conviction of murder entered on 9 May 2014' 'Order a new trial']