Regina v Covill [2000] NSWCCA 231

Reported Decision : 114 A Crim R 111

New South Wales Court of Criminal Appeal

CITATION : Regina v Covill [2000] NSWCCA 231 FILE NUMBER(S) : CCA 60106/99 HEARING DATE(S) : 6 June 2000 JUDGMENT DATE : 21 June 2000

PARTIES : Regina v Kevin John Covill JUDGMENT OF : Giles JA at 1; Grove J at 62; Greg James J at 63

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/11/0585 & 98/11/0409 LOWER COURT JUDICIAL Coleman DCJ OFFICER :

COUNSEL : M C Marien - Crown W C Terracini SC - Applicant SOLICITORS : S E O'Connor, Director of Public Prosecutions - Crown Saunders & Company - Applicant CATCHWORDS : MALICIOUS WOUNDINGS - conviction and sentence appeals - one conviction appeal upheld because of conceded misdirection as to appellant's election not to give evidence - RPS v The Queen (2000) HCA 3 referred to - other conviction appeal dismissed - no error in declining to give a direction as to the unreliability of particular evidence - Evidence Act s 165, R v Lewis (CCA, 8 September 1998) and R v Flood (1999) NSWCCA 198 referred to - no error in declining to give a direction as to an alternative case of self-defence - no miscarriage of justice because appellant asked in cross-examination whether he thought a Crown witness was motivated to tell lies, although question should not have been asked - R v Uhrig (CCA, 24 October 1996), Palmer v The Queen (1998) 193 CLR 1, R v Javanovic (1997) 42 NSWLR 520, R v AH (CCA, 27 November 1997), R v GET (CCA, 15 June 1998) referred to - jury's verdict not unreasonable or unsupportable having regard to the evidence - M v The Queen (1994) 181 CLR 487, Jones v The Queen (1997) 191 CLR 439, Fleming v R (1998) 158 ALR 379, R v McKnoulty (1995) 77 A Crim R 333 referred to - new trial as to one offence and need for resentencing on other offences. DECISION : As at the first trial - (1) On the Crown's concession allow the appeal; (2) Set aside the conviction and quash the sentence; (3) Order a new trial. As at the second trial - (1) Dismiss the appeal against conviction; (2) Grant leave to appeal against the sentence and the remaining sentences passed on the appellant, including the sentences passed following the pleas of guilty to the additional indictment; (3) Quash all the sentences; (4) Remit to the District Court of New South Wales the sentencing of the appellant.