Bayliss v R [2023] NSWCCA 84

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bayliss v R [2023] NSWCCA 84 Hearing dates: 12 April 2023 Decision date: 19 April 2023 Before: Adamson JA at [1]; McNaughton J at [79]; Sweeney J at [80] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME — Appeals — Appeal against conviction — Supply of firearm — whether verdict was unreasonable — whether open to jury to be satisfied of gun supply beyond reasonable doubt — whether verdict was inconsistent with finding of not guilty on additional count for separate firearm — evidence of single witness in relation to both counts — whether evidence unreliable — whether it was open to jury to make different findings on each count Legislation Cited: Evidence Act 1995 (NSW), ss 32, 38 Firearms Act 1996 (NSW), s 51 Cases Cited: AS v R [2022] NSWCCA 291 Bridger v R [2022] NSWCCA 125 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Nguyen v R [2017] NSWCCA 145 R v ACK [2000] NSWCCA 180 R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290 Category: Principal judgment Parties: Jacob Blake Bayliss (Applicant) Rex (Respondent) Representation: Counsel: S Kluss (Applicant) D Scully (Respondent)

Solicitors: Ross Hill & Associate Solicitors (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2017/321618 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Criminal Date of Decision: 24 November 2020 (verdict of jury) Before: Hamill J File Number(s): 2017/321618