NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v N.K.S. [2004] NSWCCA 144 HEARING DATE(S) : 07/05/2004 JUDGMENT DATE : 11 May 2004
JUDGMENT OF : Grove J at 1; Howie J at 20; Newman AJ at 25 DECISION : The orders rejecting the evidence of Miss Anglais relating to the conversations allegedly had on 29 October and 3 December 1985 be vacated.
CATCHWORDS : Criminal Law and Procedure - s 5F Appeal by Crown - rejection of evidence which substantially weakens the Crown case - appropriateness of appeal during the course of a trial by jury - whether evidence should have been rejected under s 137 of Evidence Act. Criminal Appeal Act 1912 - s 5F LEGISLATION CITED : Evidence Act 1995 - s 137 Suitors Fund Act 1951 Crimes Legislation Further Amendment Act 2003 R v Pera [1999] NSWCCA 106 CASES CITED : Doney v The Queen (1990) 171 CLR 207 R v Hookham (No. 2) (1993) 32 NSWLR 345 R v Rima [2003] NSWCCA 405 PARTIES : Regina v N.K.S. FILE NUMBER(S) : CCA 60188/04 COUNSEL : G. Smith - Crown J. Dailly - Respondent SOLICITORS : S. Kavanagh - Crown -
LOWER COURT District Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT Coolahan DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60188/04
GROVE J HOWIE J NEWMAN AJ
Tuesday 11 May 2004 REGINA v N. K. S. Judgment
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