Doklu v R [2010] NSWCCA 309

Reported Decision: 208 A Crim R 333

New South Wales Court of Criminal Appeal

CITATION: Doklu v R [2010] NSWCCA 309

HEARING DATE(S): 2 September 2010

JUDGMENT DATE: 16 December 2010

JUDGMENT OF: Macfarlan JA at 1; Simpson J at 83; Hall J at 89

DECISION: (1) Grant leave under rule 4 Criminal Appeal Rules to rely upon Ground 4 in the Notice of Appeal; and (2) Dismiss the appeal.

CATCHWORDS: CRIMINAL LAW - conviction appeal - whether evidence of admissions by appellant that he attempted to kill his wife wrongly admitted - Criminal Procedure Act s 281 - whether at the time when an admission was made the appellant was or could reasonably have been suspected by police officers of having committed an offence - whether reasonable excuse that tape recording not made - Evidence Act s 85 - whether admission made in circumstances where truth of admission unlikely to be adversely affected - Evidence Act s 90 - whether trial judge exercised discretion wrongly by admitting evidence - whether any relevant unfairness - relevance of appellant's physical condition - whether appellant capable of understanding questioning - CRIMINAL LAW - conviction appeal - Jury Act - majority verdict - whether trial judge's direction that majority verdict possible in some circumstances undermined effect of Black v R direction concerning need for jury to try its utmost to reach unanimous verdict - advisability of mentioning possibility of majority verdict before necessary to do so

Bankruptcy Act 1924 (Cth) Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Rules Criminal Procedure Act 1986 Evidence Act 1995 Jury Act 1977

CATEGORY: Principal judgment