Fainu v R [2023] NSWCCA 249

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fainu v R [2023] NSWCCA 249 Hearing dates: 15 September 2023 Decision date: 06 October 2023 Before: Leeming JA at [1]; N Adams J at [40]; Dhanji J at [41] Decision: 1. Grant leave to appeal. 2. Appeal dismissed. Catchwords: CRIME – appeals – appeal against conviction – wounding with intent to cause grievous bodily harm – complainant received knife wound in altercation involving a number of men – only issue was whether applicant was wielding knife – whether jury's verdict unreasonable – whether inconsistencies in evidence gave rise to reasonable doubt – open to jury to be satisfied beyond reasonable doubt of applicant's guilt – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), s 33(1)(a) Criminal Appeal Act 1912 (NSW), s 5(1) Cases Cited: Dansie v The Queen [2022] HCA 25; 96 ALJR 728 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 Category: Principal judgment Parties: Manase Vehikite Am Fainu (Applicant) Rex (Respondent) Representation: Counsel: M Smith (Applicant) M Millward (Respondent)

Solicitors: McGirr & Associates Pty Ltd (Applicant) Solicitor of Public Prosecutions (Respondent) File Number(s): 2019/00338954 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 11 August 2022 Before: N Williams DCJ File Number(s): 2019/00338954