NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: GAR v R (No 1) [2010] NSWCCA 163
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. Grant leave to appeal. 2. The appellant's appeal against his conviction is dismissed.
CATCHWORDS: CRIMINAL LAW – appeal – conviction – evidence – fresh evidence – cogency – whether fresh evidence was credible, capable of belief or plausible – whether fresh evidence was so cogent that Court would be satisfied of appellant's innocence or would entertain reasonable doubt as to guilt – whether fresh evidence likely to have caused jury to entertain reasonable doubt as to appellant's guilt or given rise to significant possibility that jury would have acquitted
Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Crimes (Appeal and Review) Act 2001 Evidence Act 1995
The Application of GAR, NSWSC, 12 February 2009 GAR v Regina [2003] NSWCCA 224 CASES CITED : JJT v R [2006] NSWCCA 283; (2006) 67 NSWLR 152 MFA v The Queen [2002] HCA 53; (2002) 213 CLR 606 R v Abou Chabake [2004] NSWCCA 356; (2004) 149 A Crim R 417 Rasic v R [2009] NSWCCA 202
PARTIES: GAR Regina
FILE NUMBER(S): CCA 2002/13729
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 02/21/1183
LOWER COURT JUDICIAL OFFICER: Naughton QC DCJ
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