Beattie v R [2021] NSWCCA 291

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Beattie v R [2021] NSWCCA 291 Hearing dates: 17 September 2021 Decision date: 08 December 2021 Before: McCallum JA; Walton J; Fullerton J Decision: (1) Extend the time within which the notice of appeal may be filed to 20 April 2021. (2) Refuse leave under r 4 of the Criminal Appeal Rules to argue the ground of appeal specified in the notice of appeal. (3) Dismiss the appeal. Catchwords: CRIMINAL PROCEDURE – Trial – Directions to jury – Misdirection – Whether effect of directions was to suggest the jury had to determine an intermediate fact – Whether jury diverted from a proper application of the onus and standard of proof – Whether directions as a whole had such an effect – Whether miscarriage of justice established Legislation Cited: Criminal Appeal Rules 1952 (NSW), rr 3B and 4 Cases Cited: Greenhalgh v R [2017] NSWCCA 94 Obeid v R [2017] NSWCCA 221 R v Coleman (1990) 47 A Crim R 306 R v Hayes [2008] QCA 371 R v O'Connor (1980) 146 CLR 64; [1980] HCA 17 R v Ogunseye [2021] QCA 192 Viro v The Queen (1978) 141 CLR 88; [1978] HCA 9 Texts Cited: NSW Criminal Trial Courts Bench Book Category: Principal judgment Parties: Matthew Beattie (Applicant) Regina (Crown) Representation: Counsel: S Odgers SC (Applicant) H Roberts (Crown)

Solicitors: J Fahd, Just Defence Lawyers (Applicant) Office of the Director of Public Prosecutions (Crown) File Number(s): 2013/205981 Publication restriction: None Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law - Criminal Citation: [2015] NSWSC 961 Date of Decision: 17 July 2015 Before: Button J File Number(s): 2013/205981