26 Jun 2018
The failure to call evidence of absence of prior sexual convictions was not material given its slight probative tendency and the defendant's youth; the trial judge's summing up and response to the jury's question complied with established authority on the standard of proof (including the Wanhalla formulation) and were sufficient; no real risk of miscarriage of justice arose and the appeal is dismissed.
1 Aug 2016
The appeal is dismissed because new counsel had sufficient time and properly presented the defence in accordance with instructions; omissions (eg tight jeans, calling good character evidence) were appellant's instructional failures and not prejudicial given admissions of touching; the complainant's mother's evidence about her daughter's condition was admissible and non‑prejudicial, so no miscarriage of justice occurred.
27 Nov 2009
Evidence that a defendant has no, or no relevant, previous convictions is not admissible as veracity evidence because it fails the 'substantially helpful' test in s37; however it is admissible as propensity (good character) evidence under s40 and s7 because it has at least a slight tendency to show lack of propensity to commit the offence; in the present case exclusion of the evidence was harmless and did not cause a miscarriage of justice, so the appeal is dismissed.
11 May 2005
Leave to appeal was refused because the new ground lacked merit and did not raise an issue of general or public importance; the proposed character witnesses had been discredited so their evidence would have had negligible probative value and would not have changed the verdict, and no substantial miscarriage of justice was shown.