NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ayoub v R [2012] NSWCCA 190 Hearing dates: 22 June 2012 Decision date: 04 September 2012 Before: McClellan CJ at CL at [1] Johnson J at [58] Price J at [59] Decision: 1. Leave to appeal against conviction granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal - conviction - fresh evidence - whether evidence could have reasonably discovered evidence - where evidence was located on applicant's mobile telephone - evidence not "fresh" - no miscarriage of justice.
CRIMINAL LAW - appeal - conviction - disclosure of evidence by prosecution - where police unaware of existence of evidence - no failure to disclose evidence. Legislation Cited: Crimes Act 1900 Cases Cited: Grey v R [2001] HCA 65; (2001) 75 ALJR 1708 Mickelberg v The Queen [1989] HCA 35; (1989) 167 CLR 259 R v Abou-Chabake [2004] NSWCCA 356; (2004) 149 A Crim R 417 Ratten v The Queen [1974] HCA 35; (1974) 131 CLR510 Category: Principal judgment Parties: Ronnie Ayoub (Applicant) Crown Representation: Counsel: A Francis (Applicant) J Pickering (Crown) Solicitors: Bannister Lawyers (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/131156 Decision under appeal Date of Decision: 2010-04-30 00:00:00 Before: Johnstone DCJ File Number(s): 2009/131156
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