Clement v R [2020] NSWCCA 312

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Clement v R [2020] NSWCCA 312 Hearing dates: 6 November 2020 Date of orders: 1 December 2020 Decision date: 01 December 2020 Before: Payne JA at [1] Bellew J at [51] Wright J at [52] Decision: (1) Leave to appeal under r 4 of the Criminal Appeal Rules granted; (2) Appeal allowed; (3) Set aside the appellant's conviction; (4) Remit the matter for retrial to the District Court arraignment list on Friday 4 December 2020. Catchwords: CRIMINAL PROCEDURE – trial – lies – where Crown did not seek to rely on pretext call evidence as containing admissions or rely on consciousness of guilt reasoning – where Crown asserted in closing address applicant made truthful admissions in pretext call from which it could be concluded that applicant had lied in his evidence to the jury – where no direction to jury given – whether absence of a direction occasioned a miscarriage of justice Legislation Cited: Crimes Act 1900 (NSW), ss 61J(1), 61M(1) Criminal Appeal Rules (NSW), r 4 Cases Cited: ARS v R [2011] NSWCCA 266 Christian v R [2012] NSWCCA 34; (2012) 223 A Crim R 370 Dhanhoa v The Queen (2003) 217 CLR 1; [2003] HCA 40 Edwards v The Queen (1993) 178 CLR 193; [1993] HCA 63 GBF v The Queen [2020] HCA 40 Palmer v R [2018] NSWCCA 205 Zoneff v The Queen (2000) 200 CLR 234; [2000] HCA 28 Category: Principal judgment Parties: Mark Clement (Applicant) Crown (Respondent) Representation: Counsel: S Odgers SC (Applicant) H Roberts (Respondent)