NSW Caselaw
Appeal Outcome: Special leave refused by the High Court -1 August 2008
New South Wales Court of Criminal Appeal
CITATION: KALIYANDA v R [2007] NSWCCA 300 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 28 September 2007
JUDGMENT DATE: 25 October 2007
JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 105; Harrison J at 106
DECISION: 1. Appeal against conviction dismissed; 2. Grant leave to appeal against sentence; 3. Sentence appeal dismissed.
CATCHWORDS: CRIMINAL LAW – appeal against conviction and sentence – murder – whether error in directions to jury on circumstantial evidence – whether upon the whole of the evidence it was open to the jury to be satisfied beyond reasonable doubt the appellant was guilty – whether insufficient weight given to the appellant's depression and delay between the offence and trial – whether sentence manifestly excessive
LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912
M v The Queen (1994) 181 CLR 487 MFA v The Queen (2002) 213 CLR 606 R v Abookahled, NSWCCA, 9 May 1991, unreported CASES CITED: R v Habib [2005] NSWCCA 223 R v McIntyre [2000] NSWCCA 6; (2000) 111 A Crim R 211 Shepherd v The Queen (1990) 170 CLR 573 The Queen v Hillier [2007] HCA 13
PARTIES: Madappa Kaliyanda (appl) The Crown
FILE NUMBER(S): CCA 2004/3916
COUNSEL: C V Jeffreys (Appl) M Hobart (Crown)
SOLICITORS: Jeffreys & Associates (Appl) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: Supreme Court
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