ZT v R [2023] NSWCCA 241

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: ZT v R [2023] NSWCCA 241 Hearing dates: 11 August 2023 Date of orders: 29 September 2023 Decision date: 29 September 2023 Before: Kirk JA at [1]; Fagan J at [133]; Sweeney J at [266] Decision: (1) Grant leave to appeal and appeal upheld. (2) Quash the appellant's conviction and a judgment of acquittal be entered in its place. Catchwords: CRIME — Appeals — Appeal against conviction — Unreasonable verdict — Joint criminal enterprise and extended joint criminal enterprise — Where admissions were made by the applicant against own interests — Where admissions are inconsistent — Whether admissions sufficiently reliable to found a guilty verdict — Whether jury had a natural advantage in hearing phone intercepts and viewing police interviews CRIME — Appeals — Appeal against conviction — Unreasonable verdict — No issue of principle Cases Cited: Dansie v The Queen (2022) 96 ALJR 728; [2022] HCA 25 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Sinclair v The King (1946) 73 CLR 316 Category: Principal judgment Parties: ZT (Applicant) Rex (Respondent) Representation: Counsel: D Dalton SC (Applicant) G Newton SC and J Styles (Respondent)

Solicitors: Nyman Gibson Miralis (Applicant) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 2019/266663 Publication restriction: The identities of the applicant ZT and of certain of the witnesses (who are identified only by initials) are protected by s 15A of the Children (Criminal Proceedings) Act 1987 (NSW) Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Criminal Citation: N/A Date of Decision: 09 December 2021 Before: Walton J File Number(s): 2019/266663