Brown v R [2022] NSWCCA 116

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Brown v R [2022] NSWCCA 116 Hearing dates: 04 May 2022 Decision date: 03 June 2022 Before: Bell CJ at [1]; Kirk JA at [58]; Price J at [59] Decision: 1. Grant leave to appeal. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against conviction – trial by judge alone – whether trial judge should have directed herself in terms of s 165B of the Evidence Act – where no application for such a direction was made – whether failure to make direction resulted in a miscarriage of justice Legislation Cited: Crimes Act 1900 (NSW) ss 66EA(1), 76 Criminal Procedure Act 1986 (NSW) s 133 Evidence Act 1995 (NSW) s 165B Evidence Amendment Act 2007 (Cth) Cases Cited: Binns v R [2017] NSWCCA 280 Cabot (a pseudonym) v R (No 2) [2020] NSWCCA 354 Constantinidis v R; Lazar v R [2022] NSWCCA 4 Groundstroem v R [2013] NSWCCA 237 Higgins v R [2020] NSWCCA 149 Shanmugam v R [2021] NSWCCA 125 TO v R (2017) 265 A Crim R 191; [2017] NSWCCA 12 W v R [2014] NSWCCA 110 Category: Principal judgment Parties: Christopher Rowland Brown (Applicant) The Crown (Respondent) Representation: Counsel: G J Jones (Applicant) C Curtis (Respondent)

Solicitors: George Sten & Co (Applicant) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 2018/289374 Decision under appeal Court or tribunal: District Court Jurisdiction: Common Law Division Date of Decision: 21 August 2020 Before: Woodburne SC DCJ File Number(s): 2018/289374