NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: GAR v R (No 3) [2010] NSWCCA 165
HEARING DATE(S): 28/4/10, 29/4/10, 30/4/10
JUDGMENT DATE: 5 August 2010
JUDGMENT OF: Tobias JA; Johnson J; Rothman J
DECISION: 1. Leave to appeal granted. 2. The appeal is dismissed.
CATCHWORDS: CRIMINAL LAW – appeal – necessity for warnings by a trial judge under s 165 of the Evidence Act 1995 – requirement for application to trial judge – unnecessary to warn as to bias of a child – allegation of unreasonable verdict – analysis of evidence – role of fresh evidence – appeal dismissed
Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Evidence Act 1995
CATEGORY: Principal judgment
Alramadan v Director of Public Prosecutions (NSW) [2007] NSWCCA 322 GAR v R (No 1) [2010] NSWCCA 163 GAR v R (No 2) [2010] NSWCCA 164 CASES CITED : Krishna v Director of Public Prosecutions (NSW) [2007] NSWCCA 318 R v Clark [2001] NSWCCA 494; (2001) 123 A Crim R 506 R v Clout (1995) 41 NSWLR 312 R v Stewart [2001] NSWCCA 260; (2001) 52 NSWLR 301; (2001) 124 A Crim R 371 Rasic v R [2009] NSWCCA 202
PARTIES: GAR Regina
FILE NUMBER(S): CCA 2003/2610
COUNSEL: A: D Dalton SC; A Goodridge R: D Arnott SC; N Noman
SOLICITORS: A: J N Legal R: S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 02/11/1165
LOWER COURT JUDICIAL OFFICER: Hock DCJ
LOWER COURT DATE OF DECISION: 11/9/03
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