State of New South Wales v Shepherd [2019] NSWCA 261 (25 October 2019) (Bell P, Meagher JA, Simpson AJA)


Catchwords:


APPEAL – procedural fairness – absence of reasons to support critical finding of fact – absence of reasons to support rejection of account of critical issue by witnesses on both sides of the record – no basis in the evidence to support the finding in fact made or the critical issue – need for a retrial