Rule 4 of the Criminal Appeal Rules applies not only where no objection was taken at trial, but also where an objection was taken on specific grounds and new grounds are raised on appeal; the appellant must demonstrate miscarriage of justice to obtain leave. The use of AFMA translation cards to administer a caution and conduct questioning of a non-English speaking suspect is capable of satisfying the requirements of ss 85, 90 and 139 of the Evidence Act 1995 (NSW) where the suspect can read the translated language and gives responsive answers. In people smuggling cases, no additional direction that the accused knew a specific location (such as Christmas Island) was part of Australia is required where the Crown case is focused on awareness of Australia as the intended destination and the defence case is simply that the accused was going to an entirely different destination.
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