Waldron v The King

[2023] NSWCCA 128

Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Decision restricted [2023] NSWCCA 128

Decision date:

09 June 2023

Before:

Button J at [1];
Hamill J at [2];
Sweeney J at [69]

Catchwords:

CRIMINAL LAW – appeal against conviction – tendency evidence – proper directions – where accused relied on tendency of the alleged victim – jury wrongly directed it should exercise caution in drawing inferences that tendency established – jury directed to enquire where it ”more likely than not” that the alleged victim had the tendency alleged – directions apt to reverse onus or proof – where prosecution concedes error in directions – appeal grounds sustained

CRIMINAL APPEALS – whether no substantial miscarriage occurred despite erroneous directions – application of proviso – nature of error – assessment of prosecution case – case rebutting self-defence not overwhelming – accused case not “glaringly improbable” – where appellate court did not see witnesses – conflict in evidence – proviso should not be applied – appeal allowed – re-trial ordered

The text of this decision has been restricted

Decision last updated: 30 April 2024