Regina v Jedlicka [2000] NSWCCA 492

New South Wales Court of Criminal Appeal

CITATION : Regina v Jedlicka [2000] NSWCCA 492 FILE NUMBER(S) : CCA 60631/99 HEARING DATE(S) : 27/11/00 JUDGMENT DATE : 27 November 2000

PARTIES : Raymond Jedlicka (Appellant) Regina (Respondent) JUDGMENT OF : Fitzgerald JA at 1; Whealy J at 4; Howie J at 5

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0187 LOWER COURT JUDICIAL Kinchington DCJ OFFICER :

COUNSEL : S J Odgers SC (Appellant) P G Berman SC (Respondent) SOLICITORS : D J Humphreys (Appellant) S E O'Connor (Respondent)

DECISION : Appeal allowed. Conviction quashed. Re-trial ordered

THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL CCA 60631/99 DC 98/11/0187 FITZGERALD JA WHEALY J HOWIE J

MONDAY 27 NOVEMBER 2000

REGINA v Raymond JEDLICKA

JUDGMENT

1 FITZGERALD JA: The appellant was charged with robbery with wounding on 8 August 1997, his District Court trial commenced on 7 December 1998 and on 11 December he was found guilty of robbery simplicita. On 15 October 1999 he was sentenced to a minimum term of imprisonment of 15 months with an additional term of 27 months. 2 The only ground of appeal is that the trial judge erred in his directions to the jury regarding the failure of the appellant to give evidence. Very properly Mr Berman for the Director of Public Prosecutions conceded that a misdirection was given and accepts that in the circumstances the conviction must be quashed. I have no doubt that that concession is properly made. 3 I would allow the appeal, quash the conviction and order a re-trial. 4 WHEALY J: I agree. 5 HOWIE J: I agree. 6 FITZGERALD JA: The orders which I proposed are the orders of the Court. **********