Huynh v R [2022] NSWCCA 60

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Huynh v R [2022] NSWCCA 60 Hearing dates: 17 March 2022 Date of orders: 17 March 2022 Decision date: 17 March 2022 Before: Beech-Jones CJ at CL at [1] Bellew J at [42] Ierace J at [43] Decision: (1) Appeal allowed; (2) Vacate the ruling made by the trial judge on 14 March 2022 excluding the compilation of the CCTV footage pursuant to s 56 of the Evidence Act; (3) Vacate the ruling made by the trial judge on 14 March 2022 excluding the compilation of the CCTV footage pursuant to s 137 of the Evidence Act; and (4) Vacate the ruling made by the trial judge on 14 March 2022 excluding the compilation of the CCTV footage pursuant to s 135 of the Evidence Act. Catchwords: APPEAL – interlocutory ruling rejecting Crown evidence – CCTV footage – assessment of relevance – no question of principle Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Evidence Act 1995 Cases Cited: IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 Category: Principal judgment Parties: Regina (Applicant) Cong Huy Huynh (Respondent) Representation: Counsel: Ms M Kumar; Ms E Curran (Applicant) I Wallach (Respondent)

Solicitors: Solicitor for Public Prosecutions (Applicant) Karim and Nicol Lawyers (Respondent) File Number(s): 2018/268774 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 14 March 2022 Before: Coleman SC DCJ File Number(s): 2018/268774