Russell v R [2023] NSWCCA 196

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Russell v R [2023] NSWCCA 196 Hearing dates: 29 May 2023 Decision date: 18 August 2023 Before: Button J at [1]; Wilson J at [130]; Sweeney J at [131] Decision: (1) Leave to appeal against conviction granted. (2) Appeal dismissed. Catchwords: CRIME – appeals – appeal against conviction –where applicant convicted of manslaughter by unlawful and dangerous act – joint criminal enterprise – agreement to intimidate – offence arising from fatal motor vehicle collision during high speed chase – whether jury verdict unreasonable – focus upon CCTV evidence and credibility of Crown witnesses – where CCTV footage shows applicant and co-offender interacting with the deceased and other witnesses shortly before the fatal collision – argument that no intimidation can be discerned from the CCTV product – where witnesses were dishonest to police or provided conflicting evidence or both – open to jury to be satisfied of applicant's guilt on the evidence provided at trial – verdict not undermined by CCTV footage – appeal dismissed Cases Cited: Browne v Dunn (1893) 6 R 67 Dansie v The Queen [2022] HCA 25; 96 ALJR 728 Hanna v R [2023] NSWCCA 182 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 McAuliffe v The Queen (1995) 183 CLR 108; [1995] HCA 37 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 Category: Principal judgment Parties: Andrew Russell (Applicant) Rex (Respondent) Representation: Counsel: T Ramrakha (Applicant) M Millward (Respondent)