R v Ali [2000] NSWCCA 177
All grounds of appeal fail as directions given by the trial judge properly limited the use of prior consistent and inconsistent statements; appellant's counsel made tactical decisions not to object; the evidence admitted and directions given were proper under the Evidence Act. Even if leave to appeal was granted, the outcome would not have been different.
- Jurisdiction
- Australia
- Judgment Date
- 17 May 2000
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- appeal dismissed
- Legal Topics
- ['use of Prior Representations' 'credibility' 'evidence Act 1995 S 108' 'criminal Appeal Act 1912 S 6' 'criminal Appeal Rules 1952 R 4']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 ['Admissibility and use of prior inconsistent and consistent statements' 'Application of Evidence Act 1995 s 60 and s 108' 'Whether trial judge erred in jury directions regarding prior statements']
Ratio Decidendi
All grounds of appeal fail as directions given by the trial judge properly limited the use of prior consistent and inconsistent statements; appellant's counsel made tactical decisions not to object; the evidence admitted and directions given were proper under the Evidence Act. Even if leave to appeal was granted, the outcome would not have been different.
Court Disposition
appeal dismissed
Orders
- ['Appeal dismissed.']
Full Case Text
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