NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Slewa [2003] NSWCCA 50 HEARING DATE(S) : 07/02/2003 JUDGMENT DATE : 4 March 2003
JUDGMENT OF : Santow JA at 1; Simpson J at 72; Smart AJ at 73 DECISION : Appeal dismissed.
CATCHWORDS : CRIMINAL LAW - conviction appeal - sexual assault - whether jury verdict unreasonable and not supported by evidence - whether jury should have held a reasonable doubt as to guilt - whether trial miscarried because there was not a separate direction on lies - where counsel for the offender at trial had not sought such a direction - whether absence of an express direction on need for a jury to be satisfied of guilt beyond reasonable doubt of an essential factual element resulted in a miscarriage of justice LEGISLATION CITED : Criminal Appeal Rules rule 4 Barca v the Queen (1975) 133 CLR 82 Edwards v The Queen (1993) 178 CLR 193 R v Galea and Yeo [2001] NSWCCA 270 R v GJH (2001) 122 A Crim R 361 CASES CITED : Hodge's case (1838) 168 All ER 503 M v the Queen (1994) 181 CLR 487 MFA v the Queen [2002] HCA 53) Shepherd v the Queen (1990) 170 CLR 573 Zoneff v The Queen (2000) 200 CLR 234 PARTIES : Disho Slewa (Appellant) Regina (Respondent) FILE NUMBER(S) : CCA 60498/02 COUNSEL : H K Dhanji (Appellant) D M Howard (Respondent) SOLICITORS : D J Humphreys (Appellant) S E O'Connor (Respondent)
LOWER COURT District Court JURISDICTION : LOWER COURT 01/21/3201 FILE NUMBER(S) : LOWER COURT Judge Coorey JUDICIAL OFFICER :
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate