Regina v Adam [1999] NSWCCA 189

Reported Decision : 47 NSWLR 267 106 A Crim R 510

New South Wales Court of Criminal Appeal CITATION : Regina v Adam [1999] NSWCCA 189 FILE NUMBER(S) : CCA 60016/99; 60079/99 HEARING DATE(S) : 30/04/99 JUDGMENT DATE : 23 July 1999

PARTIES : Regina v Richard Adam JUDGMENT OF : Spigelman CJ; James J; Bell J

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70209/98 LOWER COURT JUDICIAL OFFICER : Wood CJ at CL

COUNSEL : CK Maxwell QC/GE Smith - Crown P Byrne SC/SJ Odgers - Appellant SOLICITORS : R Gray - Crown Murphy's Lawyers Inc - Appellant CATCHWORDS : Criminal law and procedure - evidence within principles in O'Leary v The King - evidence of consciousness of guilt - lies - accessorial liability - whether verdict unreasonable and cannot be supported DECISION : Appeal allowed

THE COURT OF CRIMINAL APPEAL 60016/99 60079/99 SPIGELMAN CJ JAMES J BELL J

Friday 23 July 1999 REGINA v Richard ADAM JUDGMENT 1 THE COURT: On 24 December 1998 after a trial conducted in the Supreme Court before Wood CJ at CL and a jury Richard Adam was found guilty of maliciously inflicting grievous bodily harm on David Carty, an off-duty police officer, on 18 April 1997. On 22 February 1999 Wood CJ at CL sentenced Richard Adam to a sentence of penal servitude for two years eight months, consisting of a minimum term of two years commencing on 24 December 1998 and an additional term of eight months. After being arrested on 19 July 1997, Richard Adam had been released on bail on 21 July 1997 and had remained at liberty until the jury returned its verdict of guilty. Richard Adam (who we will henceforth refer to as "the appellant") appealed against the conviction and sentence imposed by Wood CJ at CL. The Director of Public Prosecutions brought a Crown appeal against the sentence imposed on the appellant. 2 At the trial the appellant had been indicted on charges of murdering David Carty and of maliciously inflicting grievous bodily harm on David Carty with intent to inflict grievous bodily harm. The jury found the appellant not guilty of these charges and also declined to find the appellant guilty of the manslaughter of David Carty. 3 The appellant stood trial with a co-accused, his brother Gilbert Adam. The jury found Gilbert Adam guilty of the murder of David Carty. Wood CJ at CL sentenced Gilbert Adam to a sentence of penal servitude of twenty-eight years, consisting of a minimum term of twenty-one years commencing on 17 July 1997 and an additional term of seven years. Gilbert Adam had been continuously in custody since being arrested on 17 July 1997. Gilbert Adam appealed against his conviction and sentence and the appeals of the appellant and Gilbert Adam were listed for hearing together by the same Bench of this Court. The Court heard the appeals involving Richard Adam first, reserving its decision, and then heard the appeals involving Gilbert Adam.