Sever v R [2007] NSWCCA 339

Omission to caution jury regarding accused's failure to give evidence resulted in loss of fair chance of acquittal; appeal allowed, conviction quashed, and new trial ordered.

Jurisdiction: Australia
Judgment Date: 06 December 2007
Procedural Posture: Criminal Appeal / Appeal Against Conviction
Outcome: Appeal allowed
Legal Topics: ['arson' 'failure to Caution Jury' 'admission of Evidence Regarding Trained Dog' 'lie as Evidence of Consciousness of Guilt']

['criminal Law'] ['arson' 'failure to Caution Jury' 'admission of Evidence Regarding Trained Dog' 'lie as Evidence of Consciousness of Guilt']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

1 ["Whether the omission to caution jury about accused's election not to give evidence caused miscarriage of justice" 'Whether evidence relating to activities of trained dog (Ellie) was admissible without special warning']

Ratio Decidendi

Omission to caution jury regarding accused's failure to give evidence resulted in loss of fair chance of acquittal; appeal allowed, conviction quashed, and new trial ordered.

Court Disposition

Appeal allowed

Orders

['Appeal against conviction allowed' 'Conviction quashed' 'New trial ordered']