CRIMINAL - appeal - evidence - admission of evidence - expert opinion - whether evidence wholly or substantially based on specialised knowledge - process of reasoning involved matters of common knowledge
CRIMINAL - appeal - evidence - admission of evidence - expert opinion - whether expert had relevant expertise - whether expertise from study and experience - no details of how investigations conducted equipped expert to give evidence in present case - publications not tendered - titles of publications insufficient evidence of expertise from study and experience
APPEAL - criminal - whether notwithstanding appellant's success appeal should be dismissed - application of proviso - 6(1) Criminal Appeal Act 1912 (NSW) - whether no substantial miscarriage of justice - consideration of importance of expert evidence - Court satisfied beyond reasonable doubt that evidence properly admitted at trial proved the guilt of the appellant
APPEAL - criminal - fresh evidence - whether Court of Criminal Appeal decision concerning expert and book published by expert before trial is fresh evidence - could have been discovered by reasonable due diligence - no miscarriage of justice - previous decision of Court of Criminal Appeal irrelevant to admissibility of expert evidence
Case Details
Citation[2014] NSWCCA 175
CourtNSWCCA
JurisdictionNew South Wales
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