Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Evans v R; Evans v R [2024] NSWCCA 245 Hearing dates: 28 October 2024 Decision date: 19 December 2024 Before: Leeming JA and Rothman J at [1];
Cavanagh J at [143]Decision: In the case of John Evans:
1. Extend the time within which to appeal to 5 March 2024.
2. Grant leave to appeal against conviction.
3. Appeal allowed.
4. Quash the conviction for murder and order that there be a new trial.
5. Quash the sentence imposed by the Supreme Court on 22 July 2021.
6. Dismiss the appeal against sentence.
7. List the matter before the arraignments judge at 10am on 14 February 2025.In the case of Keith Evans:
1. Extend the time within which to appeal to 11 July 2024.
2. Grant leave to appeal against conviction.
3. Appeal allowed.
4. Quash the conviction for murder and order that there be a new trial.
5. Quash the aggregate sentence imposed by the Supreme Court on 22 July 2021.
6. List the matter before the arraignments judge at 10am on 14 February 2025.Catchwords: CRIME — Appeals — Appeal against conviction — Liberato direction — following altercation between two groups of men in two vehicles, one man was killed by a shotgun discharged by a man in the other vehicle — man who discharged shotgun gave evidence that shot was accidental — other aspects of his evidence implausible or incorrect — trial judge made reference in summing up to competing evidence — joint application for Liberato direction refused by trial judge — whether error in failing to give direction — whether proviso applicable
Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A
Crimes Act 1900 (NSW), ss 18, 23, 33
Criminal Appeal Act 1912 (NSW), ss 5, 6
Criminal Law Consolidation Act 1935 (SA), s 353
Evidence Act 1995 (NSW), s 97
Supreme Court (Criminal Appeal) Rules 2021, r 4.15
Cases Cited: Castle v The Queen (2016) 259 CLR 449; [2010] HCA 46
De Silva v The Queen (2019) 268 CLR 57; [2019] HCA 48
Douglass v The Queen [2012] HCA 34
El-Haddad v The Queen (2015) 88 NSWLR 93; [2015] NSWCCA 10
Haile v R (2022) 109 NSWLR 288; [2022] NSWCCA 71
Hofer v The Queen (2021) 274 CLR 351; [2021] HCA 36
Kalbasi v Western Australia (2018) 264 CLR 62; [2018] HCA 7
Liberato v The Queen (1985) 159 CLR 507; [1985] HCA 66
Murray v The Queen (2002) 211 CLR 193; [2002] HCA 26
Orreal v The Queen (2021) 274 CLR 630; [2021] HCA 44
R v Evans; Evans; XE (No 1) [2020] NSWSC 1698
TL v The King (2022) 275 CLR 83; [2022] HCA 35
Category: Principal judgment Parties: John Paul Evans (Appellant in 2017/202629)
Keith Evans (Appellant…
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- Case
- [2024] NSWCCA 245
- Decision Date
CaseChat Overview and Summary
The central legal issues that the court had to address were whether the trial judge erred in not giving the Liberato direction and, if so, whether the proviso applied. The Liberato direction refers to a situation where the trial judge believes that the jury might be influenced by a particular piece of evidence that is not reliable or should not be considered. The proviso, in this context, relates to the circumstances under which such a direction should be given. The appellant argued that the trial judge's failure to issue the direction was an error and that the proviso did not prevent it from being applied in this case.
In its reasoning, the court examined the trial judge's decision not to issue the Liberato direction and considered the principles governing such directions. The court found that the trial judge did not err in refusing the direction as the evidence in question was not of such a nature that it should have precluded the jury from considering it. Furthermore, the court concluded that the proviso did apply, precluding the Liberato direction from being given. The court found that the trial judge had properly exercised their discretion and that no error had occurred. Consequently, the appeal against the conviction was dismissed.
The final orders of the court were that the appeal against the conviction was dismissed, and the decision of the trial judge stood affirmed. The court found no merit in the appellant's arguments and upheld the conviction rendered by the lower court.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
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