Anda v R [2022] NSWCCA 29

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Anda v R [2022] NSWCCA 29 Hearing dates: 9 July 2021 Decision date: 17 February 2022 Before: McCallum JA at [1]; Rothman J at [65]; Ierace J at [66]. Decision: 1. To the extent required, grant leave to appeal. 2. Dismiss the appeal. Catchwords: CRIME — Appeals — Appeal against conviction —whether acquittal of co-accused was inconsistent with conviction of applicant for the same charge — whether the offence tried was the offence charged on the indictment Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 10(5) Crimes Act 1900 (NSW), ss 59(2), 86(2), 86(3) Criminal Appeal Act 1912 (NSW), s 6(1) Cases Cited: Mackay v R (1977) 136 CLR 465; [1977] HCA 22 Mackenzie v R (1996) 190 CLR 348; [1996] HCA 35 R v Brougham (1986) SASR 187 R v Button; R v Griffen (2002) 54 NSWLR 455; [2002] NSWCCA 159 Texts Cited: NSW Criminal Trial Courts Bench Book NSW Law Reform Commission, Complicity (Report No 129), (Dec 2010) Category: Principal judgment Parties: Abraham Anda (Applicant) Crown (Respondent) Representation: Counsel: J Clarke (Applicant) G Wright (Respondent)

Solicitors: Zhai & Associates (Applicant) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 2018/285062 Publication restriction: None Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 20 December 2019 Before: Hoy SC DCJ File Number(s): 2018/285062