R v Giri [2001] NSWCCA 197

Reported Decision : 121 A Crim R 568

New South Wales Court of Criminal Appeal

CITATION : R v Giri [2001] NSWCCA 197 FILE NUMBER(S) : CCA 60830/99 HEARING DATE(S) : 26 February 2001 JUDGMENT DATE : 12 June 2001

PARTIES : R v Nitin Giri JUDGMENT OF : Heydon JA at 1; Barr J at 80; Smart AJ at 83

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70061/98 LOWER COURT JUDICIAL Studdert J OFFICER :

COUNSEL : Crown: Mr G E Smith Appellant: Mr P Byrne SC SOLICITORS : Crown: S E O'Connor Appellant: Ross Hill and Associates CATCHWORDS : Criminal Law - Judicial instructions to jury - Right to silence of accused - Directions and comments by trial judge to jury on accused's failure to give evidence at trial - Whether contravention of Evidence Act 1995 (NSW), s 20(2) - Where judge directed jury not to consider accused's silence as sign of guilt - Where judge also commented that jury could consider silence of accused when weighing evidence of the Crown - Where accused stood trial for murder - Where accused did not give any evidence at trial - Evidence Act 1995 (NSW), s 20(2) - Criminal Law - Judicial instructions to jury - Murder trial - Whether directions on manslaughter adequate - Criminal Law - Judicial instructions to jury - Murder trial - Whether directions on self-defence adequate - Criminal Law - Judicial instructions to jury - Murder trial - Whether directions on reliability of witnesses adequate - Criminal Law - Appeals - Appeals against conviction - Whether "no substantial miscarriage of justice" - Whether proviso applies under Criminal Appeal Act 1912 (NSW), s 6(1) - D LEGISLATION CITED : Criminal Appeal Act 1912 Evidence Act 1995 Azzopardi v R [2001] HCA 25 R v Bozzola [2001] NSWCCA 8 CASES CITED: Glennon v R (1994) 119 ALR 706 RPS v R (2000) 74 ALJR 449 Saad v R (1987) 78 ALR 667 Wilde v R (1988) 164 CLR 365 DECISION : Appeal dismissed