Conway v R [2023] NSWCCA 40

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Conway v R [2023] NSWCCA 40 Hearing dates: 10 August 2022 Decision date: 10 March 2023 Before: Ward P at [1]; Davies J at [2]; Button J at [3] Decision: 1. Leave to appeal against conviction granted. 2. Appeal dismissed. Catchwords: CRIME - appeals - appeal against conviction – offences arising from fatal head-on motor vehicle collision – primary offence manslaughter – judge alone trial – whether any conviction unreasonable or unable to be supported – brief discussion of correct approach to ground when trial conducted by judge alone – circumstantial case that applicant was driver at time of collision – whether reasonable alternative hypothesis that someone else was the driver – some evidence to support proposition that two persons were in the vehicle at the time of collision – ancillary ground impugning verdict of guilty on count that required applicant to have taken the motor vehicle without consent – detailed analysis of evidence – appeal dismissed Legislation Cited: Criminal Procedure Act 1986 (NSW) s 166 Cases Cited: Dansie v The Queen [2022] HCA 25; (2022) 403 ALR 21 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 R v Conway [2020] NSWDC 816 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Category: Principal judgment Parties: Sam Conway (Applicant) Rex (Respondent) Representation: Counsel: K Averre (Applicant) C Curtis (Respondent)