NSW Caselaw
Appeal Outcome: Special leave refused by the High Court (s152/2010) 1 October 2010
New South Wales Court of Criminal Appeal
CITATION: Clark v R [2010] NSWCCA 94
HEARING DATE(S): 7 December 2009
JUDGMENT DATE: 11 May 2010
JUDGMENT OF: Hodgson JA; Howie J; Johnson J
DECISION: Leave to appeal granted. Appeal against conviction dismissed.
CATCHWORDS: CRIMINAL LAW – Appeal against conviction – Whether evidence should have been rejected as unfairly prejudicial – Whether juror should have been discharged – Whether summing-up unfair by reason of inclusion of matters not relied on in Crown's address.
LEGISLATION CITED: Criminal Appeal Act 1912 s.5(1) Evidence Act 1995 s.135, s.137
CATEGORY: Principal judgment
Crofts v R [1996] HCA 22; (1996) 186 CLR 427 Maric v The Queen (1978) 52 ALJR 631 Qoro v R [2008] NSWCCA 220 Rasic v R [2009] NSWCCA 202 CASES CITED : R v Clark (No. 1) [2008] NSWSC 820 R v Clark (No. 2) [2008] NSWSC 821 R v Meher [2004] NSWCCA 355 Robinson v R [2006] NSWCCA 192; (2006) 162 A Crim R 88 Sieders v R [2008] NSWCCA 187; (2008) 72 NSWLR 417 Smale v R [2007] NSWCCA 328
PARTIES: Michael Rex CLARK (applicant) Regina (respondent)
FILE NUMBER(S): CCA 2006/3605
COUNSEL: M THANGARAJ (applicant) M GROGAN (respondent)
SOLICITORS: Matouk Joyner Lawyers (applicant) S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 2006/3065
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