Steve v Regina [2008] NSWCCA 231

Reported Decision: 189 A Crim R 68

New South Wales Court of Criminal Appeal

CITATION: Steve v Regina [2008] NSWCCA 231

HEARING DATE(S): 22 September 2008

JUDGMENT DATE: 8 October 2008

JUDGMENT OF: Beazley JA at 1; Hislop J at 97; Price J at 98

1. Appeal allowed; DECISION: 2. Quash the jury's verdict of conviction given on 5 February 2007; 3. Order that there be a new trial.

CATCHWORDS: CRIMINAL LAW – appeal - miscarriage of justice – competence of counsel - failure of counsel to object to irrelevant and prejudicial evidence – evidence that portrayed appellant as violent, sexually predatory and a child molester – failure of counsel to seek direction from trial judge in relation to prejudicial evidence – whether omissions were a tactical decision of defence counsel – failure of trial judge to apply the Evidence Act 1995, s 137 – failure to trial judge to direct jury in respect of irrelevant and prejudicial evidence - denial of fair trial amounted to miscarriage of justice – unsafe and unsatisfactory verdict – new trial ordered

Crimes Act 1900, s 61I LEGISLATION CITED: Criminal Appeal Act 1912, ss 5, 6. Evidence Act 1995, ss 32, 33, 55, 97, 100, 110 Evidence Regulations 2005, cl 5

CATEGORY: Principal judgment

Ali v R [2005] HCA 8; (2005) 214 ALR 1 Chisari v R (No 2) [2006] NSWCCA 325 Mouroufas v R [2007] NSWCCA 58 Nudd v R [2006] HCA 9; 80 ALJR 614; 162 A Crim R 301 CASES CITED : R v Birks (1990) 19 NSWLR 677 R v Le [2002] NSWCCA 186; (2002) 130 A Crim R 44 R v Stalder [1981] NSWLR 2 Rolfe v Regina [2007] NSWCCA 155; (2007) 173 A Crim R 168 Seymour v Regina [2006] NSWCCA 206; 162 A Crim R 576 TKWJ v The Queen [2002] HCA 46; (2002) 212 CLR 124