Steer v R [2008] NSWCCA 295

Reported Decision: 191 A Crim R 435

New South Wales Court of Criminal Appeal

CITATION: Steer v R [2008] NSWCCA 295

HEARING DATE(S): 30 October 2008

JUDGMENT DATE: 9 December 2008

JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 64; McCallum J at 76

DECISION: Appeal dismissed.

CATCHWORDS: CRIMINAL LAW - evidence - judicial discretion to admit or exclude evidence - prejudicial evidence - whether evidence of armed robbery and proposed flight should have been admitted as evidence of accused's consciousnes of guilt for murder - whether the proviso should be applied - s 137 Evidence Act 1995 - s 6(1) Criminal Appeal Act 1912 - CRIMINAL LAW - appeal and new trial and inquiry after conviction - appeal and new trial - particular grounds - misdirection and non-misdirection - whether trial judge misdirected jury as to how evidence of armed robbery and proposed flight could be used as evidence of consciousness of guilt - whether the proviso should be applied - s 6(1) Criminal Appeal act 1912 - CRIMINAL LAW - evidence - judicial discretion to admit or exclude evidence - prejudicial evidence - whether admission of evidence that accused owned hunting knives should have been admitted - whether the proviso should be applied - s 137 Evidence Act 1995 - s 6(1) Criminal Appeal Act 1912

LEGISLATION CITED: Evidence Act 1995 Criminal Appeal Act 1912

CATEGORY: Principal judgment

Can v R [2007] NSWCCA 176 Edwards v The Queen [1993] HCA 63; 178 CLR 193 Gonzales v R [2007] NSWCCA 321; (2007) 178 A Crim R 232 House v The King (1936) 55 CLR 499 Markby v The Queen (1978) 140 CLR 108 CASES CITED : Quinlan v R [2006] NSWCCA 284; (2006) 164 A Crim R 106 R v Cook [2004] NSWCCA 52 R v Sievers [2004] NSWCCA 463 R v SJRC [2007] NSWCCA 142 Sievers v The Queen [2005] HCA Trans 663 Smale v R [2007] NSWCCA 328 Vickers v R [2006] NSWCCA 60; (2006) 160 A Crim R 195