Rosamond v R [2022] NSWCCA 251

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Rosamond v R [2022] NSWCCA 251 Hearing dates: 24 October 2022 Date of orders: 24 October 2022 Decision date: 24 October 2022 Before: Garling J at [1] Button J at [74] Wilson J at [75] Decision: Application for leave to appeal pursuant to s 5F of the Criminal Appeal Act against a judgment of Sutherland SC DCJ on 18 October 2022 declining to discharge a jury is refused. Catchwords: CRIME — Appeals — Interlocutory appeal — By accused against interlocutory judgment or order — Interlocutory order dismissing an application to discharge the jury — Application dealing with admissibility of evidence — Application brought 45 days into four-month trial — No evidence of detriment to applicant — No immediate objection taken by counsel below to disputed evidence — No cross-examination directed to area of controversy — Whether Crown ought be bound by its submissions made much earlier in the proceedings — Decision within discretion which the trial Judge had and properly exercised — Application dismissed Legislation Cited: Crimes Act 1900 ss 192E, 249B Criminal Appeal Act 1912 s 5F(3)(a) Evidence Act 1995 s 50 Cases Cited: Brown v R [2022] NSWCCA 121 DAO v R (2011) 81 NSWLR 568; [2011] NSWCCA 63 DSJ v R; NS v R [2014] NSWCCA 77 House v The King (1936) 55 CLR 499; [1936] HCA 40 Queanbeyan City Council v Environment Protection Authority [2011] NSWCCA 108 R v Bloomfield [1996] EWCA Crim 1801 R v Einfeld (2008) 71 NSWLR 31; [2008] NSWCCA 215 R v Hamza [2007] QB 659; [2006] EWCA Crim 2918 R v Powch (1984) 14 NSWLR 136 Steffan v R (1993) 30 NSWLR 633 Texts Cited: Not applicable Category: Principal judgment Parties: Helen Mary Rosamond (Applicant) The King (Respondent) Representation: Counsel: A Hughes (Applicant) S Traynor (Respondent)