NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: MJD V. REGINA [2006] NSWCCA 151
HEARING DATE(S): 19 April 2006
JUDGMENT DATE: 10 May 2006
JUDGMENT OF: Hodgson JA at 1; James J at 56; Hoeben J at 57
DECISION: 1. Appeal against conviction dismissed. 2. Leave to appeal against sentence granted. 3. Appeal against sentence dismissed.
CATCHWORDS: CRIMINAL LAW - Appeal - Apprehension of bias - Jury trial - Comment by judge in absence of jury - No application to disqualify - Whether objection waived - Whether miscarriage of justice shown.
LEGISLATION CITED: Criminal Appeal Act 1912 s.6 Evidence Act 1995 s.20
Antoun v. The Queen [2006] HCA 2 Dickson v. Edwards (1910) 10 CLR 243 Dovade Pty. Limited v. Westpac Banking Group (1999) 46 NSWLR 168 Ebner v. Official Trustee in Bankruptcy (2000) 205 CLR 337 R v. Balic (No.2) (1994) 75 A Crim R 515 CASES CITED: R v. Boyle (1987) 34 A Crim R 202 R v. Edwards (1996) 90 A Crim R 510 R v. Flesch and McKenzie (1986) 7 NSWLR 554 R v. Kearns [2003] NSWCCA 367 R v. T (1990) 47 A Crim R 29 Smits v. Roach [2004] NSWCA 233, 60 NSWLR 711 Vakauta v. Kelly (1989) 167 CLR 568
PARTIES: MJD - appellant Regina - respondent
FILE NUMBER(S): CCA 2005/396
COUNSEL: Mr. K. Dailly for appellant Dr. P. Power for respondent
SOLICITORS: Andrew Miller & Associates for appellant S. Kavanagh, Solicitor for Public Prosecutions for respondent
LOWER COURT JURISDICTION: District Court
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