Petryk v R [2020] NSWCCA 157

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Petryk v R [2020] NSWCCA 157 Hearing dates: 6 July 2020 Decision date: 10 July 2020 Before: Bathurst CJ; Hoeben CJ at CL; Adamson J Decision: (1) Extend the time for filing the notice of appeal/notice of application for leave to appeal to 9 March 2020. (2) Grant leave to appeal with respect to ground 1. (3) Refuse leave under rule 4 of the Criminal Appeal Rules with respect to ground 2. (4) Dismiss the appeal on ground 1. Catchwords: CRIME — Appeals — Appeal against conviction — Where applicant found guilty of murder by jury — Where defence counsel withdrew before closing — Where new defence counsel made submission in closing that was not put to relevant prosecution witness — Where trial judge told counsel this approach was not open — Whether trial judge erred in restricting defence counsel's submission CRIME — Appeals — Appeal against conviction — Miscarriage of justice — Whether trial judge failed to raise a hypothesis consistent with innocence during summing up — Where defence counsel did not request trial judge to alter or add direction to summing up — Whether leave to appeal ought be granted Legislation Cited: Criminal Appeal Act 1912 (NSW), ss 5, 10 Criminal Appeal Rules Cases Cited: Barca v The Queen (1975) 133 CLR 82; [1975] HCA 42 Browne v Dunn (1893) 6 R 67 Cleland v The Queen (1982) 151 CLR 1 at 10; [1982] HCA 67 Domican v The Queen (1992) 173 CLR 555; [1992] HCA 13 McKell v The Queen (2019) 264 CLR 307; [2019] HCA 5 MWJ v The Queen [2005] HCA 74; (2005) 80 ALJR 329 R v Birks (1990) 19 NSWLR 677 R v Nikolovski (No 2) [2017] NSWSC 1451 R v PL [2009] NSWCCA 256; (2009) 199 A Crim R 199 R v Saffron (1988) 17 NSWLR 395 Williams v The Queen (1986) 161 CLR 278; [1986] HCA 88 Category: Principal judgment Parties: Daniel Petryk (Applicant) Regina Representation: Counsel: T Ramrakha (Applicant) F Veltro (Crown)