NSW Caselaw
Reported Decision: 73 NSWLR 22 Appeal Outcome: Discontinued in the High Court (s20/2009) 31 July 2009
New South Wales Court of Criminal Appeal
CITATION: Kessing v R [2008] NSWCCA 310
HEARING DATE(S): 2/10/08
JUDGMENT DATE: 19 December 2008
JUDGMENT OF: Bell JA at 1; Rothman J at 88; Price J at 89
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW – s 70 Crimes Act (Cth) – former Commonwealth officer communicate contents of document which under duty not to disclose – departure from particulars - no unfairness in the manner trial conducted – misdirection of law – application of proviso - EVIDENCE – s 70 writing placed on a document – by-line in newspaper article – not within exception
Crimes Act 1914 (Cth) LEGISLATION CITED: Criminal Appeal Act 1912 (NSW) Evidence Act 1995 (NSW)
Director of Public Prosecutions (Cth) v Sexton [2008] NSWSC 152 Dyers v R [2002] HCA 45; (2002) 210 CLR 285 Gassy v R [2008] HCA 18; (2008) 82 ALJR 838 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 M v R [1994] HCA 63; (1994) 181 CLR 487 Myers v DPP [1965] AC 1001 CASES CITED : Nudd v R [2006] HCA 9; (2006) 80 ALJR 614 R v Dossi (1918) 13 Cr App R 158 R v Kelly [2006] VSCA 221 R v Kneebone [1999] NSWCCA 279; 47 NSWLR 450 R v Nationwide News Pty Ltd (VSC 22 December 1997, unreported) R v VHP (Court of Criminal Appeal, 7 July 1997, unreported) Weiss v R [2005] HCA 81; (2005) 224 CLR 300 Wilde v R [1988] HCA 6; (1987-1988) 164 CLR 365
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