Biljuh v The King

Case [2023] NSWCCA 193


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Biljuh v R [2023] NSWCCA 193
Hearing dates: 14 July 2023
Date of orders: 04 August 2023
Decision date: 04 August 2023
Before: Stern JA at [1];
Fagan J at [256];
Yehia J at [260].
Decision:

(1)   An extension of time for filing the notice of appeal is granted.

(2)   To the extent required, leave to appeal is granted.

(3)   The appeal is dismissed.

Catchwords:

CRIME – Appeals – Appeal against conviction – Miscarriage of justice – whether failure to disclose evidence – where no objection taken at trial and evidence tendered without objection – no miscarriage of justice – conviction upheld.

CRIME – Appeals – Appeal against conviction – Miscarriage of justice – whether conduct of prosecution led to unfair trial – prosecutor’s obligations – no miscarriage of justice – conviction upheld.

CRIME – Appeals – Appeal against conviction – Miscarriage of justice – jury directions – whether trial judge gave adequate directions – where no further directions sought by counsel – no miscarriage of justice – conviction upheld.

CRIME – Appeals – Appeal against conviction – whether jury verdict unreasonable – where appellant convicted of murder – strong circumstantial case – open to jury to be satisfied beyond reasonable doubt - jury’s advantage over court of appeal – conviction upheld.

CRIME – Appeals – Appeal against conviction – Miscarriage of justice –whether forensic disadvantage caused by conditions on remand – matters did not impair the fairness of the trial – conviction upheld.

Legislation Cited:

Crimes Act 1900 (NSW), s 18(1)(a)

Criminal Appeal Act 1912 (NSW), ss 5(1)(b), 6(1)

Criminal Procedure Act 1986 (NSW), ss 141(1)(a), 142(1)(f), (i), 183(1), (2)(b), 183(3), 188

Director of Public Prosecutions Act1986 (NSW), s 13(1)

Evidence Act 1995 (NSW), s 137

Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW), rr 83, 84, 85, 87, 93

Supreme Court (Criminal Appeal) Rules 2021 (NSW), rr 3.5(2)(b), 3.5, 4.15

Cases Cited:

Dansie v R [2022] HCA 25; (2022) 96 ALJR 728

Delaney v R [2023] NSWCCA 181

Edwards v R (2021) 273 CLR 585; [2021] HCA 28

Fantakis v R; Woods v R [2017] NSWSC 1840

Grey v The Queen [2001] HCA 65; (2001) 75 ALJR 1708

Hofer v The Queen [2021] HCA 36; (2021) 95 ALJR 937

HT v The Queen (2019) 269 CLR 403; [2019] HCA 40

Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30

M v The Queen (1994) 181 CLR 487; [1994] HCA 63

Mallard v The Queen (2005) 224 CLR 125; [2005] HCA 68

MG v R (2007) 69 NSWLR 20; [2007] NSWCCA 57

Morris v R (1987) 163 CLR 454; [1987] HCA 50

Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12

R v Biljuh (No 2) [2015] NSWSC 702

R v Biljuh (No 3) [2015] NSWSC 710

R v Biljuh (No 7) [2015] NSWSC 1917

R v Biljuh [2015]…

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AGLC
Biljuh v The King [2023] NSWCCA 193
Case
[2023] NSWCCA 193
Decision Date

CaseChat Overview and Summary

Biljuh appealed against his conviction for murder, arguing that various factors led to a miscarriage of justice. The appeal was heard by the High Court of Australia. The appellant contended that the trial was unfair due to the failure to disclose certain evidence, the conduct of the prosecution, inadequate jury directions, the unreasonableness of the jury’s verdict, and the forensic disadvantage caused by the conditions on remand.

The court examined whether the appellant's failure to object to certain evidence at trial, which was later tendered without objection, constituted a miscarriage of justice. The court found that there was no prejudice to the appellant as the evidence was properly before the jury. Regarding the conduct of the prosecution, the court held that the prosecutor fulfilled their obligations, and there was no unfair trial. The adequacy of the trial judge’s directions was also assessed, but the court concluded that no further directions were sought by counsel, and therefore, no miscarriage of justice occurred. The court further determined that the jury's verdict was open to them given the strong circumstantial evidence, and it was not for the court to reassess the sufficiency of the evidence. Finally, the court found that the conditions on remand did not impair the fairness of the trial.

In conclusion, the court upheld the appellant's conviction, finding no grounds for a miscarriage of justice in any of the arguments presented.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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