Obierzynski v R [2019] NSWCCA 103

Obierzynski v R [2019] NSWCCA 103

The directions given to the jury regarding circumstantial evidence were adequate and did not reverse the onus of proof; the evidence taken as a whole amply supported the verdict; there was no miscarriage of justice owing to the inclusion of the ERISP material or identification procedure; and, despite the applicant's subjective case, the sentence imposed was not manifestly excessive considering the seriousness of the offence and aggravating factors.

Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Conviction and Sentence Appeal / Court of Criminal Appeal Determination After Trial and Sentence in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['conviction Appeal' 'circumstantial Evidence' 'jury Directions' 'identification Evidence' 'erisp (record of Interview)' 'dna Evidence' 'manifest Excess in Sentencing' 'sentencing Principles']
['criminal Law'] ['conviction Appeal' 'circumstantial Evidence' 'jury Directions' 'identification Evidence' 'erisp (record of Interview)' 'dna Evidence' 'manifest Excess in Sentencing' 'sentencing Principles']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Conviction and Sentence Appeal / Court of Criminal Appeal Determination After Trial and Sentence in the District Court

Legal Issues

  1. 1 ['Whether trial judge erred in directing the jury regarding circumstantial evidence' 'Whether the verdict was unreasonable having regard to the evidence' 'Whether certain parts of the ERISP should have been excluded at trial' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The directions given to the jury regarding circumstantial evidence were adequate and did not reverse the onus of proof; the evidence taken as a whole amply supported the verdict; there was no miscarriage of justice owing to the inclusion of the ERISP material or identification procedure; and, despite the applicant's subjective case, the sentence imposed was not manifestly excessive considering the seriousness of the offence and aggravating factors.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal to the extent necessary.' 'Dismiss the appeal.']