Glynn v R [2020] NSWCCA 347

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Glynn v R [2020] NSWCCA 347 Hearing dates: 18 November 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Before: Hoeben CJ at CL; Price J; Fagan J Decision: (1) Appeal upheld. (2) The appellant's conviction and sentence are quashed. (3) List the case for mention at the District Court at Sydney on 22 January 2021 at 9:30am. Catchwords: CRIMINAL LAW – appeal against conviction – jury verdict of guilty to an alternative count of recklessly causing grievous bodily harm – Crown concession of error by trial judge in refusing to admit a video into evidence – whether proviso should be applied – whether oral testimony contrary to the Crown case was obviously false – unnecessary to consider whether case was extreme – powerful prosecution case – credibility of witnesses was crucial – witness' credibility undermined by evidence of police officer – witness credibility supported by the video – appellant denied fair chance of acquittal – new trial ordered Legislation Cited: Crimes Act 1900 (NSW), ss 33(1)(b), 35(2) Criminal Appeal Act 1912 (NSW), s 6(1) Evidence Act 1995 (NSW), ss 38, 165(2) Cases Cited: Castle v The Queen (2016) 259 CLR 449; [2016] HCA 46 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29; 253 A Crim R 126 Hofer v R [2019] NSWCCA 244 Kalbasi v Western Australia (2018) 264 CLR 62; [2018] HCA 7; 271 A Crim R 245 Weiss v The Queen (2005) 224 CLR 300; [2005] HCA 81; 158 A Crim R 133 Category: Principal judgment Parties: Robert Glynn (Appellant) Regina (Respondent) Representation: Counsel: A Chhabra (Appellant) M Kumar (Respondent)