Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
- Amendment notes
Medium Neutral Citation: DL v R [2017] NSWCCA 57 Hearing dates: 7, 8, 9, 10 November 2016 Decision date: 13 April 2017 Before: Leeming JA; Rothman J; Wilson J Decision: 1. Extend time and grant leave to appeal in relation to proposed grounds 1(a), 1(c) and 3.
2. Otherwise refuse leave.
3. Appeal against conviction dismissed.Catchwords: CRIMINAL LAW - appeal against conviction - operation of proviso - murder - Crown case included expert blood spatter evidence - expert performed further experiments based on defence case during trial - Crown advised of those experiments and how expert would respond if cross-examined on defence case - no report provided - denial of procedural fairness - fresh evidence adduced on appeal established material error in expert's evidence at trial - whether substantial miscarriage of justice actually occurred - Crown case at trial aside from blood spatter evidence established guilt beyond reasonable doubt - further evidence available on appeal strengthened Crown case - proviso applied and appeal dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), ss 15A, 15B-15F
Criminal Appeal Act 1912 (NSW), s 6
Criminal Appeal Rules, r 4Cases Cited: Baiada Poultry Pty Ltd v The Queen (2012) 246 CLR 92; [2012] HCA 14
Castle v The Queen; Bucca v The Queen [2016] HCA 46; (2016) 91 ALJR 93
Cesan v The Queen (2008) 236 CLR 358; [2008] HCA 52
Evans v The Queen (2007) 235 CLR 521; [2007] HCA 59
Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29
Giourtalis v R [2013] NSWCCA 216
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Lindsay v The Queen (2015) 155 CLR 272; [2015] HCA 16
Lundy v The Queen (New Zealand) [2013] UKPC 28
Mortada v R [2014] NSWCCA 36
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Nudd v The Queen [2006] HCA 9; 80 ALJR 614
Petersen v State of Western Australia (2016) 50 WAR 45; [2016] WASCA 66
R v Germakian (2007) 70 NSWLR 467; [2007] NSWCCA 373
R v Maybir (No 8) [2016] NSWSC 166
Stafford v The State [1999] 1 WLR 2026
The Queen v Baden-Clay [2016] HCA 35; (2015) 90 ALJR 1013
Tongahai v R [2014] NSWCCA 81; (2014) 241 A Crim R 217
Weiss v The Queen (2005) 224 CLR 300; [2005] HCA 81
Wood v R (2012) 84 NSWLR 581; [2012] NSWCCA 21Category: Principal judgment Parties: DL (Applicant)
Crown (Respondent)Representation: Counsel:
Solicitors:
G Bashir SC, D Barrow (Applicant)
N Adams (Crown)
Matouk Joyner Lawyers (Applicant)
Director of Public Prosecutions (NSW) (Crown)
File Number(s): 2006/2875 Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Common Law
- Citation:
- [2008] NSWSC 1199
- Date of Decision:
- 14 November 2008
- Before:
- RS Hulme J
- File Number(s):
- 2006/2875
Judgment
-
THE COURT: DL stood trial before…
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- AGLC
- DL v The Queen [2017] NSWCCA 57
- Case
- [2017] NSWCCA 57
- Decision Date
CaseChat Overview and Summary
The appellant, DL, was convicted of murder and sought to appeal the conviction on the basis that the Crown failed to provide a report of additional experiments conducted by a blood spatter expert during the trial. The appeal was heard in the High Court of Australia. The central issue in this appeal was whether the appellant was denied procedural fairness by the Crown's failure to provide a report of the additional experiments conducted by the expert witness, and if such denial constituted a substantial miscarriage of justice. The court also needed to determine if the Crown's case, excluding the contested expert evidence, was sufficient to establish the appellant's guilt beyond reasonable doubt, and whether any additional evidence presented on appeal sufficiently strengthened the Crown's case.
The High Court held that the Crown's failure to provide a report of the additional experiments did amount to a breach of procedural fairness. However, the court found that this breach did not result in a substantial miscarriage of justice. The reasoning was that the evidence presented during the trial, excluding the contested expert evidence, was sufficient to establish the appellant's guilt beyond reasonable doubt. Furthermore, the additional evidence brought forward during the appeal only served to strengthen the Crown's case rather than undermine it. Given these considerations, the proviso was applied, and the appeal was dismissed. The court concluded that the error did not materially affect the outcome of the trial and that the appellant's conviction was secure.
The High Court held that the Crown's failure to provide a report of the additional experiments did amount to a breach of procedural fairness. However, the court found that this breach did not result in a substantial miscarriage of justice. The reasoning was that the evidence presented during the trial, excluding the contested expert evidence, was sufficient to establish the appellant's guilt beyond reasonable doubt. Furthermore, the additional evidence brought forward during the appeal only served to strengthen the Crown's case rather than undermine it. Given these considerations, the proviso was applied, and the appeal was dismissed. The court concluded that the error did not materially affect the outcome of the trial and that the appellant's conviction was secure.
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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