Wardell v R [2025] NSWCCA 26

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wardell v R [2025] NSWCCA 26 Hearing dates: 16 September 2024 Date of orders: 3 March 2025 Decision date: 03 March 2025 Before: Wright J; Ierace J; Rigg J Decision: (1) Grant the applicant leave to make the application for leave to appeal out of time, pursuant to r 3.5(5) of the Supreme Court (Criminal Appeal) Rules. (2) Grant the applicant leave to appeal against conviction. (3) Dismiss the appeal against conviction. (4) Grant the applicant leave to appeal against sentence. (5) Dismiss the appeal against sentence. Catchwords: CRIME – appeals – appeal against conviction –miscarriage of justice – jury directions – tendency directions – content of tendency directions and standard of proof – potential for impermissible circular reasoning by jury – on summing up viewed as a whole jury not deflected from proper task – no miscarriage of justice CRIME – appeals – appeal against sentence– aggregate sentence – obligation to indicate sentences that would have been imposed if aggregate sentence not imposed – indicative sentences where s 5 Crimes (Sentencing Procedure) Act threshold may not be crossed for offences in isolation – no error in indicating sentences of imprisonment for those offences in the circumstances CRIME – appeals – appeal against sentence– sentencing considerations – interaction of non-parole period and life expectancy of offender – where trial judge considered life expectancy in determining non-parole period but did not apply a mechanical formula – no error Legislation Cited: Crimes Act 1900 (NSW), ss 61J(1), 61M(1) Criminal Appeal Act 1912 (NSW), ss 5(1), 6(1), 10(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 53A(2) Evidence Act 1995 (NSW), ss 55(1), 97, 142 Supreme Court (Criminal Appeal) Rules 2021 (NSW), rr 3.5(5), 4.15 Cases Cited: Astill v R [2024] NSWCCA 118 The Queen v Dennis Bauer (a pseudonym) (2018) 266 CLR 56; [2018] HCA 40 BRC v R [2020] NSWCCA 176; 284 A Crim R 124 Davies v R [2019] NSWCCA 45; 277 A Crim R 1Decision Restricted [2022] NSWCCA 259 Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15; (2024) 98 ALJR 644 Director of Public Prosecutions v Roder (a pseudonym) [2023] VSCA 262 Geraghty v R [2023] NSWCCA 47 Gould v R [2023] NSWCCA 103; 377 FLR 26 R v Holyoak (1995) 82 A Crim R 502 Huxley v The Queen [2023] HCA 40; (2023) 98 ALJR 62 JS v R [2022] NSWCCA 145 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Khorami v R; R v Khorami [2021] NSWCCA 228 Mohindra v R [2020] NSWCCA 340 Mol v R [2017] NSWCCA 76 R v JRD [2007] NSWCCA 55 Category: Principal judgment Parties: Paul Anthony Wardell (Applicant) Rex (Respondent) Representation: Counsel: T Game SC / L-C Hutchinson (Applicant) B Hatfield SC / E Nicholson (Respondent)