TKWJ v The Queen

Criminal law – Conviction - Aggravated indecent assault - Aggravated indecency - Matters connected with conduct of defence - Failure of defence counsel to call character evidence - No application for voir dire - Whether tactical decision of defence counsel not to call character evidence constituted a miscarriage of justice where that evidence may have been excluded - Chance of acquittal "fairly open" not lost.

Criminal law – Appeal - Practice and procedure - "On any other ground whatsoever" - Allegation defendant not competently or adequately represented - Tactical decision at trial - Whether forensic advantage - Informed and deliberate decision - No miscarriage of justice.

Criminal law – Appeal - Circumstances in which conduct of legal practitioners can provide grounds for appeal - Relevant principles.

Criminal law – Jurisdiction - Trial judge - "Advance ruling" - Whether required by Evidence Act 1995 (NSW) - Whether within implied powers of District Court - Power to conduct voir dire to make "advance ruling".

Words and Phrases – "fairly open", "on any other ground whatsoever", "advance ruling".

Criminal Appeal Act 1912 (NSW) – s 6(1).

Evidence Act 1995 (NSW) – ss 55, 110, 135, 136, 137, 189, 192.

Crimes Act 1900 (NSW) – ss 61M(1), 61O(1).

District Court Rules 1973 (NSW) – Pt 53 rr 10, 11(1).