R v Dhanhoa [2001] NSWCCA 293

New South Wales Court of Criminal Appeal

CITATION : R v Dhanhoa [2001] NSWCCA 293 FILE NUMBER(S) : CCA 60336/00 HEARING DATE(S) : 23/07/01 JUDGMENT DATE : 10 August 2001

Regina PARTIES : v Kamaljeet Dhanhoa JUDGMENT OF : Meagher JA at 1; Dowd J at 15; Kirby J at 16

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0025 LOWER COURT JUDICIAL Kinchington DCJ OFFICER :

COUNSEL : A:TA Game SC R: L M B Lamprati SOLICITORS : A: Legal Aid Commission R: Director of Public Prosecutions CATCHWORDS : Criminal Law - robbery in company with wounding - detaining for advantage - appeal from conviction and sentence - identification evidence - whether warning required - evidence of untruths told by appellant - whether evidence going to credibility or consciousness of guilt - whether warning required - appeal dismissed. LEGISLATION CITED : s 165 Evidence Act s 6(1) Criminal Appeals Act Domican v R (1992) 173 CLR 551 at 561 Edwards v R (1993) 178 CLR 193 CASES CITED: Zoneff v R (2000) 200 CLR 234 Kelleher v The Queen [1974] 131 CLR 534 R v Galea [2001] NSWCCA 270 DECISION : Appeal Dismissed

IN THE COURT OF CRIMINAL APPEAL

CCA 60336/00

MEAGHER JA DOWD J KIRBY J

DHANHOA v REGINA

FACTS

In May 2000 the appellant was convicted by a jury of (i) aggravated robbery in company with wounding, and (ii) detaining for advantage and causing injury. He was sentenced to an effective total period of 7½ years with a non-parole period of 4 years.