Latu v R [2023] NSWCCA 19

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Latu v R [2023] NSWCCA 19 Hearing dates: 17 August 2022 Date of orders: 17 February 2023 Decision date: 17 February 2023 Before: Bell CJ at [1] Davies J at [2] Fagan J at [83] Decision: 1. Extend time for filing the Notice of Appeal to 8 February 2022. 2. Refuse leave to appeal pursuant to r 4.15 of the Supreme Court (Criminal Appeal) Rules 2021 (NSW). Catchwords: CRIME – appeals – appeal against conviction – jury verdict – applicant found guilty of murder of intimate domestic partner – tendency and relationship evidence admitted – where tendency direction given – where no anti-tendency direction concerning relationship evidence given - where tendency evidence included eight incidents of violence towards deceased and former domestic partner – relationship evidence of threats of violence made by applicant to deceased – threat of violence to cave in deceased's head – death caused by blunt force trauma to head – whether risk of impermissible tendency reasoning –whether anti-tendency direction should have been given - where direction not sought by experienced senior counsel for accused – legitimate forensic explanations available – no miscarriage of justice occasioned – application of r 4.15 – leave to appeal refused Legislation Cited: Supreme Court (Criminal Appeal) Rules 2021 (NSW) r 4.15 Cases Cited: BRS v The Queen (1997) 191 CLR 275; [1997] HCA 47 Craig v The Queen (2018) 264 CLR 202; [2018] HCA 13 Elomar v R; Hasan v R; Cheikho v R; Cheikho v R; Jamal v R [2014] NSWCCA 303; (2014) 316 ALR 206 FB v R [2020] NSWCCA 137 Hamilton (a pseudonym) v The Queen [2021] HCA 33; (2021) 95 ALJR 894 KRM v R (2000) 206 CLR 221; [2001] HCA 11 Medich v R [2021] NSWCCA 36 R v Latu [2018] NSWSC 1659 R v Latu (No 3) [2019] NSWSC 951 The Queen v Falzon (2018) 264 CLR 361; [2018] HCA 29 Vaoalii Toalepai v R [2009] NSWCCA 270 Texts Cited: Nil Category: Principal judgment Parties: Onitolosi Latu (Applicant) The Queen (Respondent) Representation: Counsel: S Odgers SC (Applicant) M Kumar & D Beaufils (Respondent)