Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – where appellant convicted of unlawful wounding after second trial – where appellant struck complainant on face with glass bottle – where witness for prosecution did not give evidence in first trial – where witness was a friend of complainant – whether failure to warn jury about circumstances in which witness came to give evidence – whether failure to warn jury about contradictions in prosecution evidence

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – CIRCUMSTANCES NOT INVOLVING MISCARRIAGE OR IN WHICH MISCARRIAGE NOT SUBSTANTIAL – OTHER IRREGULARITIES – where volume enhancing device used when appellant gave evidence – where trial judge intervened in questioning of certain witnesses – whether interventions adverse to appellant’s interests – whether conduct of trial oppressive to appellant

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSON – where appellant sentenced to 18 months imprisonment – whether manifestly excessive – whether failure to consider mitigating circumstances