Hanna v R [2022] NSWCCA 7

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hanna v R [2022] NSWCCA 7 Hearing dates: 29 September 2021 Date of orders: 4 February 2022 Decision date: 04 February 2022 Before: Johnson J at [1]; Fullerton J at [88]; Dhanji J at [89]. Decision: Application for an extension of time within which to seek leave to appeal against conviction refused. Catchwords: CRIME – application for extension of time to bring appeal against conviction – offence of indecent assault under s.61L Crimes Act 1900 – claim of miscarriage of justice arising from conduct of defence counsel at trial – advice as to whether accused should give evidence at trial – accused did not give evidence – complaint concerning cross-examination of complainant – held accused made informed decision not to give evidence at trial – trial conducted in accordance with instructions of accused – miscarriage of justice not demonstrated – extension of time refused Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Craig v The Queen (2018) 264 CLR 202; [2018] HCA 13 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Roach v R (2019) 344 FLR 429; [2019] NSWCCA 160 TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46 Tsiakas v R [2015] NSWCCA 187 Texts Cited: --- Category: Principal judgment Parties: Joseph Hanna (Applicant) Regina (Respondent) Representation: Counsel: Mr A Norrie (Applicant) Ms C Curtis (Respondent)