Connor v R; KC v R [2021] NSWCCA 171

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Connor v R; KC v R [2021] NSWCCA 171 Hearing dates: On the papers Date of orders: 21 July 2021 Decision date: 21 July 2021 Before: Bell P Rothman J Beech-Jones J Decision: In respect of Mitchell Connor, the Court orders that: (1) The time in which Mitchell Connor can give notice of his intention to apply for leave to appeal against his conviction be extended up to and including 2 July 2021; (2) Leave to appeal be granted; (3) Appeal allowed; (4) Set aside the convictions on Counts 1 and 3 and, in lieu thereof, direct that acquittals on Counts 1 – 4 be entered. In respect of KC, the Court orders that: (1) The time in which KC can give notice of his intention to apply for leave to appeal against his conviction be extended up to and including 29 June 2021; (2) Leave to appeal be granted; (3) Appeal allowed; (4) Set aside the convictions on Counts 1 and 3 and, in lieu thereof, direct that acquittals on Counts 1 – 4 be entered. Catchwords: CRIMINAL LAW – unreasonable verdict – two appellants convicted of two counts of wounding with intent to cause grievous bodily harm – alleged part of group that invaded victims' unit – Crown case that all members of group entered unit or balcony – Crown case depended on proof that same group of males who walked up street returned and entered balcony area – whether Crown excluded reasonable hypothesis that at least one group member did not return down street or did not enter balcony area – appeal allowed for three appellants – judgment in respect of co-offenders determined same issue – appellants entitled to the benefit of that analysis – appellants previously refused legal aid and appeals lapsed – extension of time granted - appeal allowed. Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: SK v R; BK v R; MS v R; Sakieh v R [2021] NSWCCA 130 Category: Principal judgment Parties: Mitchell Connor (Applicant) KC (Applicant) Regina (Crown) Representation: Counsel: Ms A Francis (for M Connor) Ms A Cook (for KC) Mr E Balodis (Crown)