R v Bunevski [2002] NSWCCA 19

R v Bunevski [2002] NSWCCA 19

In light of R v Rahme, the failure to direct the jury on the limited use of cross-examination based on an excluded record of interview was an error; the Crown conceded the ground was made out, so the conviction was set aside and a new trial ordered.

Jurisdiction
Australia
Judgment Date
06 February 2002
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Appeal in the New South Wales Court of Criminal Appeal From the District Court
Outcome
Appeal allowed. Conviction set aside. New trial ordered.
Legal Topics
['appeal Against Conviction and Sentence' 'jury Directions' 'excluded Record of Interview' 'limited Use of Evidence for Credibility' 'retrial']
['criminal Law' 'evidence' 'criminal Procedure'] ['appeal Against Conviction and Sentence' 'jury Directions' 'excluded Record of Interview' 'limited Use of Evidence for Credibility' 'retrial']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal Against Conviction and Sentence / Appeal in the New South Wales Court of Criminal Appeal From the District Court

Legal Issues

  1. 1 ['Whether the trial judge erred in failing to direct the jury that evidence adduced in cross-examination of the appellant, based upon an excluded record of interview, was not admissible against him and could only be used in respect of credibility.' 'Whether the conviction should be set aside and a new trial ordered.']

Ratio Decidendi

In light of R v Rahme, the failure to direct the jury on the limited use of cross-examination based on an excluded record of interview was an error; the Crown conceded the ground was made out, so the conviction was set aside and a new trial ordered.

Court Disposition

Appeal allowed. Conviction set aside. New trial ordered.

Orders

  • ['Appeal allowed.' 'Conviction set aside.' 'New trial ordered.']