NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: JONES v R [2005] NSWCCA 443
HEARING DATE(S): 27 October 2005
JUDGMENT DATE: 16 December 2005
JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 108; Hoeben J at 109
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW - appeal against conviction - malicious wounding with intent to do grievous bodily harm - whether the trial miscarried as a consequence of the Crown's cross-examination and address to the jury - whether the trial miscarried as a consequence on the trial judge's directions to the jury in respect of the evidence of one witness - silence of a witness - s 89 of the Evidence Act 1995 - right to silence
Crimes Act 1900 LEGISLATION CITED: Evidence Act 1995 Criminal Appeal Act 1912
Azzopardi v The Queen (2001) 205 CLR 50 Driscoll v The Queen (1977) 137 CLR 517 Gallagher v The Queen (1986) 160 CLR 392 Mraz v The Queen (1955) 93 CLR 493 Petty v The Queen (1991) 173 CLR 95 CASES CITED: R v Glennon (1994) 179 CLR 1 R v Storey (1978) 140 CLR 364 R v Foster (1955) NZLR 1194 RPS (2000) 199 CLR 620 Wilde v The Queen (1988) 164 CLR 365
Wayne Edward Jones (appl) PARTIES: The Crown
FILE NUMBER(S): CCA 2005/774
A Francis (Appl) COUNSEL: P G Ingram (Crown)
Ryan & Bosscher Lawyers (Appl) SOLICITORS: Solicitor for Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/31/0162
LOWER COURT JUDICIAL OFFICER: Blackmore DCJ
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