CITATION: R v ROBINSON [1999] NSWCCA 186 FILE NUMBER(S): CCA 60588/98 HEARING DATE(S): 24 June 1999 JUDGMENT DATE:
14 July 1999PARTIES :
Regina v James Allan ROBINSONJUDGMENT OF: Abadee J at 1; Ireland J at 2; Barr J at 3
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER: Robson DCJ
COUNSEL: RA Hulme
T Molomby
(Crown)
(Appellant)SOLICITORS: CK Smith
TA Murphy
(Crown)
(Appellant)CATCHWORDS: Criminal Law - appeal - fresh evidence - whether evidence cogent ACTS CITED: Crimes Act s 330, s 474B, s 474C(1), (2)
Evidence Act s 102, s 103(1), 106(e)
Independent Commission Against Corruption Act s 87CASES CITED: Regina v Pederick, Court of Criminal Appeal 21.5.97 unrep
Regina v Pohl, Court of Criminal Appeal 17.12.93 unrep
Regina v Rendell, Court of Criminal Appeal 22.6.94 unrep
Regina v O'Connor (1995) 80 A Crim R 214
Regina v Kevin Craig Hastings, Court of Criminal Appeal 29.9.97 unrep
Gallagher v The Queen (1986) 160 CLR 392
Mickelberg v The Queen (1989) 167 CLR 259
Regina v Richard George Miller, Court of Criminal Appeal, 3.5.96 unrep
Regina v Mustafa Marsala, Court of Criminal Appeal, 31.5.96 unrep
Regina v Dean McLaren, Court of Criminal Appeal 22.10.96 unrep
Regina v Geza Vastag, Court of Criminal Appeal 20.6.97 unrep
Regina v John Leslie Baartman, Court of Criminal Appeal 30.6.97 unrep
Regina v Peter Franks, Court of Criminal Appeal 11.12.97 unrep
Regina v Christopher Hasenkamp, Court of Criminal Appeal 24.2.98 unrepDECISION: Appeal dismissed
IN THE COURT
OF CRIMINAL APPEAL
60588/98
ABADEE J
IRELAND J
BARR J
WEDNESDAY 14 July 1999
REGINA V James Allan ROBINSON
JUDGMENT
1 ABADEE J: I agree with the reasons of Barr J and the orders he proposes.
IN THE COURT OF
CRIMINAL APPEAL60588/98
ABADEE J
Wednesday, 14 July, 1999
IRELAND J
BARR J
2 IRELAND J: I agree with Barr J and with the order proposed.REGINA -v- James Allan ROBINSON
JUDGMENT
IN THE COURT OF
CRIMINAL APPEAL60588/98Wednesday, 14 July 1999
ABADEE J
IRELAND J
BARR J
REGINA v James Allan ROBINSONJUDGMENT
3 BARR J: This is a reference by the Attorney General under Pt 13A Crimes Act. On 18 August 1972 the appellant James Allan Robinson was convicted by a Sydney Quarter Sessions jury of assault while being armed with intent to rob and malicious wounding with intent to prevent his lawful apprehension. Judge Robson sentenced him to fourteen years’ penal servitude on the first count and eight years’ penal servitude on the second. The appellant appealed to the Court of Criminal Appeal against his convictions. His appeal was dismissed on 26 April 1973.4 The appellant petitioned the Governor under the provisions of s 474B Crimes Act for a review of his convictions. A number of things may happen after such a petition has been considered. One of them is that the Attorney General may refer the whole case to this Court to be dealt with as an appeal under the Criminal Appeal…
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- AGLC
- R v Robinson [1999] NSWCCA 186
- Case
- [1999] NSWCCA 186
- Decision Date
CaseChat Overview and Summary
The court began by examining the nature and cogency of the fresh evidence presented. It noted that the fresh evidence was largely based on statements from individuals who had not testified at the original trial and whose credibility was not subject to cross-examination. The court emphasised the importance of the trial process, where witnesses are subject to scrutiny and the reliability of their evidence is assessed in real-time. Given that the fresh evidence was not subjected to this rigorous process, the court found it difficult to accept the evidence as cogent. Furthermore, the court considered the weight of the existing evidence against the appellant, including the complainant's consistent and detailed account of the assaults. The court concluded that the fresh evidence did not undermine the conviction to the extent that a new trial was warranted.
Consequently, the court dismissed the appeal. The appellant's conviction was upheld, and the court reiterated the principle that fresh evidence should only lead to a new trial if it is of such a nature that it might reasonably be believed to have produced a different outcome. The court found that the fresh evidence in this case did not meet this standard. As such, the appeal was dismissed, and the original conviction was affirmed.
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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