Sampson v R [2023] NSWCCA 239

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sampson v R [2023] NSWCCA 239 Hearing dates: 31 May 2023 Date of orders: 29 September 2023 Decision date: 29 September 2023 Before: Beech-Jones CJ at CL at [1] Campbell J at [14] Weinstein J at [22] Decision: (1) Grant leave to appeal against convictions; (2) Dismiss the appeal against convictions; (3) Grant leave to appeal against sentence; (4) Dismiss the appeal against sentence; (5) Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) ('Act') and on the grounds referred to in s 8(1)(c) and (e) of the Act, the portions identified at Annexure A to these orders of the reasons for judgment of the Court of Criminal Appeal in Sampson v R [2023] NSWCCA 239, are not to be published or disclosed, save that the judgment including those portions can be provided to: (a) the applicant; (b) counsel and solicitor for the applicant and the Crown (including the Director of Public Prosecutions and her officers); (c) the officer in charge of the investigation into the matters subject of the judgment, Detective Inspector Matthew Clarke; (d) the Crown Solicitor's Office. (6) Pursuant to s 7 of the Act and on the grounds referred to in s 8(1)(c) and (e) of the Act, there is to be no publication of any evidence, submissions, document or information in the proceedings that would identify, or tend to identify, the witness referred to as "RS" in the judgment. (7) Pursuant to ss 11 and 12 of the Act, orders 5 and 6 apply throughout the Commonwealth for a period of 30 years from the date of these orders. (8) Until further order, seven days' notice is to be given to the solicitors for the parties and the Crown Solicitor of NSW of any application made by a non-party to access the Court file. (9) Until further order, all affidavits read, and any document filed, served or tendered in connection with applications for non-publication and/or suppression in the proceedings before this Court, be treated as confidential in the Court file, and placed in a sealed envelope, only to be opened on the order of a judge of this Court. Catchwords: CRIMINAL LAW – appeals – appeal against conviction – coincidence evidence – whether evidence of a previous conspiracy to commit a similar offence was properly admitted as coincidence evidence – whether dissimilarities "undercut" the improbability of the events having occurred coincidentally – significant probative value of coincidence evidence – probative value substantially outweighed prejudicial effect – evidence properly admitted as coincidence evidence – appeal dismissed CRIMINAL LAW – appeals – appeal against conviction – whether verdict unreasonable or cannot be supported having regard to the evidence – judge alone trial – circumstantial case – no rational inference available other than guilt – appeal dismissed CRIMINAL LAW – appeals – appeal against sentence – whether sentencing judge failed to advert to the fact that the sentence imposed on the applicant would result in him serving more than 75% of his effective head sentence before being eligible for release on parole – cumulation of sentences for separate offences – no error established – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Evidence Act 1995 (NSW) Cases Cited: Burns-Dederer v R [2023] NSWCCA 191 Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 Dansie v The Queen (2022) 96 ALJR 728; [2022] HCA 25 Davidson v R (2009) 75 NSWLR 150; (2009) 195 A Crim R 406; [2009] NSWCCA 150 Decision Restricted (2022) 407 ALR 125; [2022] NSWCCA 246 El-Haddad v R (2015) 88 NSWLR 93; [2015] NSWCCA 10 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Greenaway v The Queen [2021] NSWCCA 253 Harris v R [2023] NSWCCA 44 Hughes v R (2017) 263 CLR 338; [2017] HCA 20 IMM v R (2016) 257 CLR 300; [2016] HCA 14 Jaghbir v R [2023] NSWCCA 175 Lonsdale v R [2020] NSWCCA 267 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Page v R [2015] VSCA 357 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 R v Bauer (a pseudonym) (2018) 266 CLR 56; [2018] HCA 40 R v Gale; R v Duckworth (2012) 217 A Crim R 487; [2012] NSWCCA 174 R v Zhang (2005) A Crim R 504; [2005] NSWCCA 437 Saoud v R (2014) 87 NSWLR 481; [2014] NSWCCA 136 Selby v R [2017] NSWCCA 40 Shepherd v The Queen (1990) 170 CLR 573 at 579 Slattery v R [2023] NSWCCA 117 Su v The Queen [2023] NSWCCA 21 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 TL v The King (2022) 405 ALR 578; [2022] HCA 35 Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9 Xie v R (2021) 386 ALR 371; [2021] NSWCCA 1