Cox v R [2022] NSWCCA 66

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cox v R [2022] NSWCCA 66 Hearing dates: 25 February 2022 Date of orders: 1 April 2022 Decision date: 01 April 2022 Before: Beech-Jones CJ at CL at [1] Hamill J at [64] Cavanagh J at [65] Decision: (1) The Applicant be granted leave to raise ground 1 of the appeal. (2) The Appeal be dismissed. Catchwords: CRIMINAL LAW -appeal against conviction on sexual offences – Crown witness – said to accused in presence of jury "Don't worry. We'll get you off…" – Judge gave jury direction that did not repeat the words as addressed – possibility that jury might hold statement against applicant – other types of prejudice raised on appeal but not at trial – no miscarriage of justice – leave to appeal granted – appeal dismissed Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Supreme Court (Criminal Appeal) Rules 2021 Cases Cited: Crofts v The Queen (1996) 186 CLR 427; [1996] HCA 22 De Silva v The Queen (2019) 268 CLR 57; [2019] HCA 48 Edwards v The Queen (2021) 95 ALJR 808; [2021] HCA 28 GBF v The Queen (2020) 94 ALJR 1037; [2020] HCA 40 Gilbert v R (2000) 201 CLR 414; [2000] HCA 15 Hamide v R (2019) 101 NSWLR 455; [2019] NSWCCA 219 Hamilton v The Queen (2021) 95 ALJR 894; [2021] HCA 33 Hofer v R [2021] HCA 36; (2021) 95 ALJR 937 Medich v R [2021] NSWCCA 36 Miller v R (2015) 252 A Crim R 486; [2015] NSWCCA 206 Rogerson v The Queen; McNamara v The Queen [2021] NSWCCA 160 Tomlinson v R [2022] NSWCCA 16 Weiss v The Queen (2005) 224 CLR 300; [2005] HCA 81 Category: Principal judgment Parties: Gregory David Lennox Cox (Applicant) Regina (Respondent) Representation: Counsel: G Lewer (Applicant) B Baker (Crown)