Catchwords
Criminal law – Appeal – Trial by judge sitting alone – Failure by judge to include in reasons for judgment a warning required to be given to jury – Whether failure demonstrates a breach of Criminal Procedure Act 1986 (NSW), s 33(3) – Whether failure amounted to a wrong decision on a question of law – Whether, despite failure, no substantial miscarriage of justice occurred.
Criminal law – Appeal under Criminal Appeal Act 1912 (NSW), s 6 – Nature of appeal – Relevance of phrase "unsafe and unsatisfactory".
Criminal Appeal Act 1912 (NSW), ss 5, 6.
Criminal Procedure Act 1986 (NSW), Pt 9 (ss 30-33).