Spiteri-Ahern v R [2022] NSWCCA 56

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Spiteri-Ahern v R [2022] NSWCCA 56 Hearing dates: 1 November 2021 Date of orders: 21 March 2022 Decision date: 21 March 2022 Before: Meagher JA; R A Hulme J; Davies J Decision: (1) Refuse leave to appeal on ground 3 and proposed ground 3A. (2) Grant leave to appeal on grounds 1, 2 and 4. (3) Dismiss the appeal. Catchwords: CRIMINAL LAW – application for leave to appeal against conviction and sentence – trial by judge alone – where applicant convicted of murder as participant in joint criminal enterprise – where arrangement that applicant pay money to co-participant in return for killing deceased – where trial judge relied on circumstantial evidence and admissions of guilt by applicant – whether verdict unreasonable – whether trial judge's reasons inadequate – reasons requirement in judge-alone trial under Criminal Procedure Act, s 133(2) – whether sentence manifestly excessive Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5(1) Criminal Procedure Act 1986 (NSW), s 133 Evidence Act 1995 (NSW), s 165(2) Cases Cited: Dhanhoa v The Queen (2003) 217 CLR 1; [2003] HCA 40 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Fleming v The Queen (1998) 197 CLR 250; [1998] HCA 68 Handlen v The Queen (2011) 245 CLR 282; [2011] HCA 51 Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 W v R [2014] NSWCCA 110 Wade v R [2018] NSWCCA 85 Category: Principal judgment Parties: Louise Spiteri-Ahern (Applicant) Regina (Respondent) Representation: Counsel: M Avenell SC (Applicant) E Balodis (Crown)