Campbell v R

Case [2014] NSWCCA 175


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
  • Amendment notes
Medium Neutral Citation: Campbell v R [2014] NSWCCA 175
Hearing dates:21 May 2014
Decision date: 02 September 2014
Before: Bathurst CJ at [1]; Simpson J at [281]; Hidden J at [338]
Decision:

Appeal dismissed

Catchwords:

CRIMINAL - appeal - conviction - whether misdirection in presentation of crown case to jury - no misdirection on factual possibility of push followed by a trip - consistent with an intention to kill - direction consented to - no tactical disadvantage - no miscarriage of justice - misdirection on availability of mental element of reckless indifference to human life - not Crown case - whether miscarriage of justice - significance of the appellant's case that he was not involved in death at all - possibility of jury speculating remote - no objection by counsel

CRIMINAL - appeal - evidence - admission of evidence - expert opinion - whether evidence wholly or substantially based on specialised knowledge - process of reasoning involved matters of common knowledge

CRIMINAL - appeal - evidence - admission of evidence - expert opinion - whether expert had relevant expertise - whether expertise from study and experience - no details of how investigations conducted equipped expert to give evidence in present case - publications not tendered - titles of publications insufficient evidence of expertise from study and experience

APPEAL - criminal - whether notwithstanding appellant's success appeal should be dismissed - application of proviso - 6(1) Criminal Appeal Act 1912 (NSW) - whether no substantial miscarriage of justice - consideration of importance of expert evidence - Court satisfied beyond reasonable doubt that evidence properly admitted at trial proved the guilt of the appellant

APPEAL - criminal - fresh evidence - whether Court of Criminal Appeal decision concerning expert and book published by expert before trial is fresh evidence - could have been discovered by reasonable due diligence - no miscarriage of justice - previous decision of Court of Criminal Appeal irrelevant to admissibility of expert evidence

CRIMINAL - appeal - conviction - no error in direction on use of evidence as both tendency evidence and for motive - reserve consideration of whether tendency evidence must be proved beyond reasonable doubt reserved
Legislation Cited: Crimes Act 1900 (NSW), s 18
Criminal Appeal Act 1912 (NSW), s 6
Criminal Appeal Rules (NSW), r 4
Evidence Act 1995 (NSW), ss 79, 80, 91 and 97
Cases Cited: AK v Western Australia [2008] HCA 8; (2008) 232 CLR 438
Baiada Poultry Pty Ltd v The Queen [2012] HCA 14; (2012) 246 CLR 92
Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd [2007] FCAFC 70; (2007) 159 FCR 397
Chand v R [2011] NSWCCA 53
Clark v Ryan [1960] HCA 42; (1960) 103 CLR 486
Crampton v The Queen [2000] HCA 60; (2000) 206 CLR 161
Darkan v The Queen [2006] HCA 34; (2006) 227 CLR 373
Dasreef Pty Limited v Hawchar [2011]…

Continue reading Campbell v R

Sign in free to access the full text

Details
AGLC
Campbell v R [2014] NSWCCA 175
Case
[2014] NSWCCA 175
Decision Date

CaseChat Overview and Summary

The appeal before the court involved the appellant, Campbell, challenging his conviction for murder. The case was heard in the NSW Court of Criminal Appeal, which considered whether there were errors in the trial court's handling of the evidence and directions to the jury, as well as the admission of expert evidence. The appellant argued that the trial judge misdirected the jury on certain aspects of the Crown's case, particularly regarding the intention behind the actions that led to the death of the victim. The court was also required to determine whether the trial judge erred in admitting certain expert evidence, given the expert's qualifications and the relevance of their expertise to the case.

The court began by examining the trial judge's directions to the jury, concluding that there was no misdirection regarding the possibility of a push followed by a trip being consistent with an intention to kill. The appellant had consented to the direction, and there was no tactical disadvantage or miscarriage of justice. However, the court identified a misdirection concerning the availability of the mental element of reckless indifference to human life, which was not part of the Crown's case. The court considered the significance of the appellant's case that he was not involved in the death at all and held that the possibility of the jury speculating on this point was remote. The appellant did not object to the direction at trial.

Turning to the expert evidence, the court examined whether the evidence was properly admitted, considering whether it was based on specialised knowledge and whether the expert had the relevant expertise. The court found that the expert's evidence was largely based on common knowledge and that there was insufficient evidence to demonstrate the expert's relevant expertise from study and experience. Despite these issues, the court concluded that the errors did not lead to a substantial miscarriage of justice, as the properly admitted evidence proved the appellant's guilt beyond reasonable doubt.

The court also dismissed the argument that a decision from the Court of Criminal Appeal concerning the expert's book, published before the trial, constituted fresh evidence. The court held that this decision was irrelevant to the admissibility of the expert evidence at trial, as it could have been discovered through due diligence. The court reserved its consideration of whether tendency evidence must be proved beyond reasonable doubt. Ultimately, the court dismissed the appeal, finding that there was no substantial miscarriage of justice and that the appellant's conviction was upheld.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.