Carr v R [2023] NSWCCA 269

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Carr v R [2023] NSWCCA 269 Hearing dates: 16 October 2023 Date of orders: 1 December 2023 Decision date: 01 December 2023 Before: Davies J at [1] Fagan J at [80] Dhanji J at [102] Decision: 1. Dismiss the appeal. Catchwords: CRIME – appeals – appeal against conviction – judge-alone trial – multiple carjacking, firearm and assault with intent to rob in company offences – where offending occurred over 18-hour time period and covered more than 1000km – where appellant in coercive control relationship with co-offender – duress – where trial judge determined that duress had not been established – whether trial judge erred by failing to consider that duress sufficiently raised to be considered by tribunal of fact – held trial judge's ruling clearly a final determination as the tribunal of fact – whether there must be evidence of a particular request or demand to commit the offences charged – no direct or implied evidence of a demand or request to commit any of the offences – trial judge correctly concluded that the Crown had negatived the issue of duress – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) ss 97, 154A, 154B Criminal Appeal Act (1912) NSW s 5 Evidence Act 1995 (NSW) s 191 Firearms Act 1996 (NSW) s 62 Cases Cited: Clarkson v R (2007) 209 FCR 387; [2007] NSWCCA 70; (2007)171 A Crim R 1 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Nguyen v R [2008] NSWCCA 22; (2008) 181 A Crim R 72 R v Abusafiah (1991) 24 NSWLR 531 R v Dawson [1978] VR 536 R v Hurley and Murray [1967] VR 526 R v Lorenz (1998) 146 FLR 369 R v Runjanjic (1991) 56 SASR 114 Rowan (A Pseudonym) v The King [2022] VSCA 236 Taiapa v The Queen (2009) 240 CLR 95; [2009] HCA 53 The King v Rowan [2023] HCATrans 90 Texts Cited: Nil Category: Principal judgment Parties: Krystal Carr (Applicant) The King (Respondent) Representation: Counsel: S McGee (Applicant) E Nicholson (Respondent)