Adanguidi v R [2024] NSWCCA 82

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Adanguidi v R [2024] NSWCCA 82 Hearing dates: 9 May 2023 – 11 May 2023 Date of orders: 14 June 2024 Decision date: 14 June 2024 Before: Garling, Fagan, McNaughton JJ Decision: Appeal dismissed Catchwords: CRIME – Appeal and Reviews – Referral under Part 7 Crimes (Appeal and Review) Act 2001 – Court's own motion – Dealt with on appeal. CRIME – Appeals – Appeal against conviction – Miscarriage of justice – Whether additional psychiatric evidence heard on appeal was fresh evidence or new evidence – Whether a miscarriage of justice occurred due to the absence of the additional psychiatric evidence at the appellant's trial – Whether such additional evidence is capable of establishing a reasonable doubt about the appellant's guilt. CRIME – Appeals – Appeal against sentence – Where three life sentences were imposed – Whether additional psychiatric evidence heard on appeal was fresh evidence or new evidence – Whether a miscarriage of justice occurred due to the absence of the additional psychiatric evidence in the appellant's sentencing proceedings – Whether such additional evidence, if available to the sentencing Judge, would have resulted in a lesser sentence. Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Mental Health (Criminal Procedure) Act 1990 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Adanguidi v R [2006] NSWCCA 404; (2006) 167 A Crim R 295 Application by Crespin Adanguidi pursuant to s 78 Crimes (Appeal and Review) Act 2001 (NSW) [2022] NSWSC 442 EC v R [2023] NSWCCA 66 Lawless v The Queen ; [1979] HCA 49; (1979) 142 CLR 659 Mickelberg v The Queen [1989] HCA 35; (1989) 167 CLR 259; MRW v R [2011] NSWCCA 260 R v Abou‑Chabake [2004] NSWCCA 356; (2004) 149 A Crim R 417 R v Bikic [2002] NSWCCA 227 R v Harris [2000] NSWCCA 469; (2000) 50 NSWLR 409 R v Merritt [2004] NSWCCA 19; (2004) 59 NSWLR 557 R v Porter [1933] HCA 1; (1933) 55 CLR 182 Ratten v The Queen (1974) 131 CLR 510 R v Crespin Adanguidi [2005] NSWSC 519 Sodeman v R [1936] HCA 75; (1936) 55CLR 192 Xie v R [2021] NSWCCA 1 Texts Cited: Not Applicable Category: Principal judgment Parties: Crespin Adanguidi (Appellant) The Crown Representation: Counsel: B Rigg SC / S De Brennan (Appellant) G Newton SC / C Akthar (Crown)