Symons v R; McDonald v R [2024] NSWCCA 212

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Symons v R; McDonald v R [2024] NSWCCA 212 Hearing dates: 1 November 2024 Date of orders: 1 November 2024 Decision date: 29 November 2024 Before: Kirk JA; Dhanji J; Yehia J Decision: In proceedings 2017/329279 (Symons): (1) Extend time in which to seek leave to appeal to 22 April 2024. (2) Grant leave to appeal. (3) Appeal allowed such that the conviction of the applicant on the charge of murder on the indictment dated 23 May 2022 is quashed. (4) A new trial be held. (5) List the proceedings for mention in the arraignment list in the Supreme Court on Friday 13 December 2024, or as otherwise directed by the Supreme Court. In proceedings 2017/386819 (McDonald): (1) Extend time in which to seek leave to appeal to 22 July 2024. (2) Grant leave to appeal. (3) Appeal allowed such that the conviction of the applicant on the charge of murder on the indictment dated 23 May 2022 is quashed. (4) A new trial be held. (5) List the proceedings for mention in the arraignment list in the Supreme Court on Friday 13 December 2024, or as otherwise directed by the Supreme Court. Catchwords: JUDGMENTS AND ORDERS – Appeal raising issue materially indistinguishable from co-accused's earlier appeal – No compelling reason shown for departure from the earlier decision APPEALS – Procedure – Time limits – Delays not to be held against applicants in the circumstances Legislation Cited: Crimes Act 1900 (NSW), ss 418, 421 Criminal Appeal Act 1912 (NSW), s 10(1)(b) Cases Cited: Gilbert v The Queen (2000) 201 CLR 414; [2000] HCA 15 Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 HCF v The Queen (2023) 97 ALJR 978; [2023] HCA 35 Ilievski v R; Nolan v R (No 2) (2023) 112 NSWLR 375; [2023] NSWCCA 248 Kwu v R [2024] NSWCCA 199 Lane v The Queen (2013) 241 A Crim R 321; [2013] NSWCCA 317 R v Basanovic (2018) 100 NSWLR 840; [2018] NSWCCA 246 Robertson v R [2024] NSWCCA 99 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Zhou v R [2021] NSWCCA 278 Category: Principal judgment Parties: Proceedings 2017/329279: Adam David Symons (Applicant) Crown (Respondent)