NSW Caselaw
New South Wales Court of Criminal Appeal CITATION : Regina v Naudi [1999] NSWCCA 259 FILE NUMBER(S) : CCA 60620/97 HEARING DATE(S) : 6 August 1999 JUDGMENT DATE : 25 August 1999
PARTIES : Regina v Vincent Naudi JUDGMENT OF : Newman J at 1; Windeyer J at 2; Sperling J at 45
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 95/31/0215 LOWER COURT JUDICIAL OFFICER : J B Phelan DCJ
COUNSEL : B A Caffrey (Appellant) M M Cuneen (Crown) SOLICITORS : Barry Lazarus Lawyers (Appellant) S E O'Connor (Crown) CATCHWORDS : CRIMINAL LAW - appeal against conviction and sentence - EVIDENCE - admissibility of evidence - exercise of right to silence and refusal to give blood sample - appropriate directions given by trial judge during trial and in summing up Criminal Appeal Act 1912 s6 ACTS CITED : Criminal Appeal Rules, r4 Evidence Act 1995, ss 164(3), 165, 165(2) CASES CITED: Berrigan CCA(NSW) 7 October 1994, unreported; Jones (1997) 72 ALJR 78; Kilby (1973) 129 CLR 461; Longman (1989) 168 CLR 78; Matthews CCA(NSW) 28 May 1996, unreported; Reeves (1992) 29 NSWLR 109; DECISION : Appeal against conviction dismissed; leave to appeal against sentence allowed; appeal against sentence dismissed
1
IN THE COURT OF CRIMINAL APPEAL 60620/97
NEWMAN J WINDEYER J SPERLING J
Wednesday 25 August 1999
THE QUEEN v Vincent NAUDI Judgment
1 NEWMAN J: I have read the judgment of Windeyer J and I agree with both the reasons he gives and the orders he proposes. ************
IN THE COURT OF CRIMINAL APPEAL 60620/97
NEWMAN J WINDEYER J SPERLING J
Wednesday 25 August 1999 THE QUEEN v Vincent NAUDI
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