Where a trial judge erroneously rejects expert evidence tendered by the accused, the proviso in s 6(1) of the Criminal Appeal Act 1912 (NSW) may be applied to dismiss the appeal if the appellate court, assessing the whole of the evidence including the fact of the jury's verdict, concludes the excluded evidence could not have had a significant effect on the jury's assessment of credibility or the outcome. Expert evidence that merely corroborates the accused's own testimony about physical disabilities, or addresses matters of common sense, may have limited probative force for proviso purposes.
The full text is available to signed-in members, including the 20 later cases that cite this judgment.
1 of the 20 citing cases carry a classified treatment. How each court treated it is available to signed-in members.