Casey v R [2020] NSWCCA 177

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Casey v R [2020] NSWCCA 177 Hearing dates: 10 July 2020 Decision date: 29 July 2020 Before: Hoeben CJ at CL at [1]; Adamson J at [2]; Bellew J at [177] Decision: (1) If leave be required to rely on ground 1, grant leave under rule 4 of the Criminal Appeal Rules in respect of that ground. (2) Grant leave to appeal on grounds 1, 2, 3 and 4. (3) Dismiss the appeal. Catchwords: CRIME — appeals — appeal against conviction —miscarriage of justice — directions to jury — failure to give full Markuleski direction CRIME — appeals — appeal against conviction — miscarriage of justice — where jury hung on several counts at initial trial — where applicant sought stay of all hung counts — where retrial on certain counts occurred — where evidence of complainants in second trial was edited to remove evidence relating to stayed counts and counts in respect of which accused was acquitted at first trial — whether continued prosecution constituted abuse of process occasioning miscarriage of justice EVIDENCE — tendency evidence — criminal proceedings — evidence of tendency witness relating to uncharged acts — whether evidence has substantial probative value CRIME — appeals — appeal against conviction — unreasonable verdict Legislation Cited: Crimes Act 1900 (NSW), ss 61D, 61E, 78K Criminal Appeal Act 1912 (NSW), ss 5, 5F Criminal Appeal Rules, r 4 Criminal Procedure Act 1986 (NSW), ss 130A, 293, 306I, 306J Evidence Act 1995 (NSW), ss 97, 98, 101 Cases Cited: Black v The Queen (1993) 179 CLR 44; [1993] HCA 71 DF v R [2012] NSWCCA 171; (2012) A Crim R 178 Hughes v The Queen (2017) 263 CLR 338; [2017] HCA 20 Jones v The Queen (1997) 191 CLR 439; [1997] HCA 56 M v The Queen (1994) 181 CLR 487 at 493; [1994] HCA 63 McPhillamy v The Queen [2018] HCA 52; (2018) 92 ALJR 1045 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Onassis v Vergottis [1968] 2 Lloyd's Rep 403 Pell v The Queen [2020] HCA 12; (2020) 94 ALJR 394 R v Ford [2006] QCA 142 R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 Strickland (a pseudonym) v Director of Public Prosecutions (Cth) [2018] HCA 53; (2018) 272 A Crim R 69 The Queen v Bauer [2018] HCA 40; (2018) 92 ALJR 846 Category: Principal judgment Parties: John Patrick Casey (Applicant) Regina Representation: Counsel: P Boulten SC / P Lange / C Parkin (Applicant) G Newton (Crown)