NEW SOUTH WALES CRIMINAL COURT OF APPEAL
CITATION: Regina v Pedrana [2001] NSWCCA 66
FILE NUMBER(S):
60835/00
HEARING DATE(S): 14/03/01
JUDGMENT DATE: 23/03/2001
PARTIES:
Regina v Raymond Grant Pedrana
JUDGMENT OF: Ipp AJA Wood CJ at CL Simpson J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 88/21/0993
LOWER COURT JUDICIAL OFFICER: Urquhart DCJ
COUNSEL:
(Appellant): R Burgess
(Crown): P G Berman SC
SOLICITORS:
(Appellant): D J Humphreys
(Crown): S E O'Connor
CATCHWORDS:
CRIMINAL LAW - conviction for armed robbery - inquiry pursuant to s 474G Crimes Act 1900 - referral to Court of Criminal Appeal (s 474H(2)(a) Crimes Act 1900) - fresh evidence - whether conviction should be quashed - miscarriage of justice - entitlement to acquittal as of right - whether new trial should be ordered - exercise of discretion not to order a new trial.
LEGISLATION CITED:
Crimes Act 1900
Criminal Appeal Act 1912
DECISION:
Appeal upheld. Conviction quashed and a verdict of acquittal entered.
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
60835/2000
IPP AJA
WOOD CJ AT CL
SIMPSON J
Friday 23 March 2001
REGINA v Raymond Grant PEDRANA
JUDGMENT
IPP AJA: On 21 May 1990 the appellant was charged with one count of armed robbery contrary to s 97 of the Crimes Act 1900. He pleaded not guilty. He was convicted on 24 May 1990 after a trial. He was sentenced by Urquhart DCJ to a minimum term of imprisonment of five years and an additional term of one year and eight months. The minimum term was to commence in January 1992. The sentence was specified to expire on 8 September 1988.
The appellant appealed against his conviction but his appeal was dismissed: R v Pedrana, unreported, CCA NSW, 11 June 1992.
In April 2000 the appellant applied under s 474D of the Crimes Act for an inquiry into his conviction. On 20 October 2000, James J made an order in terms of s 474E(1) for an inquiry by a prescribed person into the conviction. That inquiry was undertaken by Graham DCJ. After conducting the inquiry his Honour referred the matter to this Court pursuant to s 474H(2)(a) for consideration of the question whether the conviction should be quashed.
The sole ground of appeal before this Court is that “there is now available fresh evidence that demonstrates the appellant’s conviction was a miscarriage of justice”. In argument, counsel for the appellant submitted, as her primary position, that the conviction should be quashed and a verdict of acquittal should be entered. In the alternative, she submitted that the conviction should be quashed and there should be an order that no new trial be held, or that there should be no order for a new trial (without a verdict of acquittal being entered). In the final alternative she submitted that the conviction be quashed and a new trial ordered.
Counsel for the appellant sought separate relief concerning other sentences imposed on the appellant for various different offences. On 15 May 1992 the appellant was…
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- AGLC
- R v Pedrana [2001] NSWCCA 66
- Case
- [2001] NSWCCA 66
- Decision Date
CaseChat Overview and Summary
The Court of Criminal Appeal examined the fresh evidence provided by Pedrana and assessed whether it met the criteria for a potential miscarriage of justice. The court also considered whether Pedrana was entitled to an acquittal as of right or if the fresh evidence warranted a new trial. The court noted that the fresh evidence did not establish a miscarriage of justice to the extent that an acquittal as of right was warranted, but it did warrant a new trial. However, the Court of Criminal Appeal exercised its discretion not to order a new trial, considering the totality of the circumstances and the nature of the fresh evidence.
The Court of Criminal Appeal quashed the conviction and ordered a fresh verdict of not guilty to be entered. The court found that the fresh evidence did not establish a miscarriage of justice to the extent that an acquittal as of right was warranted, but it did warrant a new trial. However, given the passage of time and the nature of the fresh evidence, the court exercised its discretion not to order a new trial, and instead, ordered a fresh verdict of not guilty to be entered.
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
Established by: WOOD CJ, WOOD CJ
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