NSW Caselaw
Reported Decision: 172 A Crim R 290
New South Wales Court of Criminal Appeal
CITATION: Klein v Regina [2007] NSWCCA 206
HEARING DATE(S): 19 June 2007
JUDGMENT DATE: 13 July 2007
JUDGMENT OF: Beazley JA at 1; Grove J at 52; Simpson J at 56
DECISION: 1. Appeal allowed; 2. Conviction quashed; 3. Order that there be a new trial.
CATCHWORDS: CRIMINAL LAW – appeal against conviction – leave to appeal required as ground of appeal not raised at trial – r 4 Criminal Appeal Rules – whether trial judge erred resulting in a miscarriage of justice such that accused may have lost chance of being acquitted – misdirection to jury as to use to which confession to third party could be put to jury - EVIDENCE – hearsay evidence – admissibility of witness' prior inconsistent statements relating to an accused's confession – prior inconsistent statements admissible only in relation to witness' credit – evidence of prior inconsistent statements regarding a confession not to be used as evidence of the truth of alleged confession - whether trial judge erred in directing jury as to use of witness' prior inconsistent statements
Criminal Appeal Act 1912 (NSW) s 6(1) LEGISLATION CITED: Criminal Appeal Rules (NSW) r 4 Evidence Act 1995 (NSW) s 38
Lee v The Queen (1998) 195 CLR 594; [1998] HCA 60 CASES CITED: R v Moussa [2001] NSWCCA 427; 125 A Crim R 505 South v Regina [2007] NSWCCA 117 Tekely v R; Nagle v R [2007] NSWCCA 75
PARTIES: Gaby Michael Klein (Appellant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/429
COUNSEL: J Stratton SC; C Loukas (Appellant) D Arnott SC (Respondent)
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