Regina v Joyce [2000] NSWCCA 259

New South Wales Court of Criminal Appeal

CITATION : Regina v Joyce [2000] NSWCCA 259 FILE NUMBER(S) : CCA 60415/99 HEARING DATE(S) : 14 June 2000 JUDGMENT DATE : 24 July 2000

PARTIES : REGINA v Norman William JOYCE JUDGMENT OF : Giles JA at 1; Dunford J at 148; Greg James J at 149

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70127/91 LOWER COURT JUDICIAL Loveday J OFFICER :

COUNSEL : J C Papayanni - Appellant M Grogan - Crown SOLICITORS : Jeffreys & Associates - Appellant S E O'Connor - Crown CATCHWORDS : The appellant was found guilty of two murders. On a petition under s 474B of the Crimes Act 1900, pursuant to s 474C(1)(b) of that Act the case was referred to the Court of Criminal Appeal to be dealt with as an appeal under the Criminal Appeal Act 1912. Whether leave to appeal as to questions of fact or grounds of appeal as to which appropriate objection had not been taken at the trial referred to but not decided: R v Johns (1999) NSWCCA 286 referred to. Numerous grounds of appeal were considered, almost all specific to the facts in the appeal. Pollitt v The Queen (1992) 174 CLR 558 and R v Clough (1992) 64 A Crim R 451 considered in relation to instructing the jury to consider specific matters which could reasonably be regarded as undermining the credibility of a prison informer. Pollitt v The Queen referred to in relation to corroboration where there is a possibility of joint fabrication. Ireland v The Queen (1971) 126 CLR 321 referred to in relation to admissibility of an interviewing police officer's statements to the person being interviewed of his beliefs and opinions. The Court declined to receive further written submissions delivered without leave after judgment was reserved. DECISION : Appeal dismissed.