R v Clarke

Judgment date: 29/03/1995
Court: NSWCCA
Judge: Hunt CJ, Smart J, McInerney J
Citation: (1995) 78 A Crim R 226;
Catchwords: Criminal law;  Directions to jury;  Charge of break and enter or alternatively receiving;  Direction concerning appellant's possession of CD player;  

Criminal law;  Appeals;  Appeal against sentence;  Fixed term of penal servitude for 12 months imposed;  

Criminal law;  Criminal procedure;  Charge of break and enter;  Jury directed that special verdict available under s.121 Crimes Act;  

Evidence;  Circumstantial;  Whether judge erred not directing about circumstantial evidence;  Whether summing up, as a whole, was inadequate;