REGINA v BARRY DOUGLAS [2000] NSWCCA 275

New South Wales Court of Criminal Appeal

CITATION : REGINA v BARRY DOUGLAS [2000] NSWCCA 275 FILE NUMBER(S) : CCA 60836/98 HEARING DATE(S) : 3 July 2000 JUDGMENT DATE : 28 July 2000

PARTIES : REGINA v Barry DOUGLAS JUDGMENT OF : Mason P at 1; Sully J at 87; Sperling J at 88

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/11/0953 LOWER COURT JUDICIAL Armitage DCJ OFFICER :

COUNSEL : Appellant: M Austin Crown: M Grogan SOLICITORS : Appellant: Brock Partners Crown: S E O'Connor CATCHWORDS : Criminal law - joinder of counts against the accused - application for separate trials - multiple weapons and armed robbery offences - admissions during an electronic record of interview (ERISP) - police holding the accused incommunicado during search of home - denial of access to lawyer - s84, s85 and s 135 Evidence Act - onus of establishing illegality - evidentiary overlap between counts - directions given to the jury that each count be considered separately - unfair prejudice not arising. DECISION : Appeal dismissed.

IN THE COURT OF CRIMINAL APPEAL CCA 60836 of 1998

MASON P SULLY J SPERLING J

Friday 28 July 2000

REGINA v Barry Clifford DOUGLAS The appellant was indicted on 17 counts including weapons offences, armed robbery and malicious infliction of actual bodily harm. He pleaded not guilty and was tried before a District Court Judge and jury. There was a directed verdict of not guilty in relation to the fourth count. The appellant was found guilty on the remaining counts. A series of concurrent sentences was imposed, the longest being a sentence of 16 years imprisonment with a minimum term of 12 years.