NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Cohen [2002] NSWCCA 339 FILE NUMBER(S) : CCA 60872/01 HEARING DATE(S) : 2 August 2002 JUDGMENT DATE : 12 September 2002
PARTIES : REGINA (Respondent) Christopher Lawrence COHEN (Appellant) JUDGMENT OF : Santow JA at 1; Hidden J at 2; Adams J at 3
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/61/0003 LOWER COURT JUDICIAL Andrew ADCJ OFFICER :
COUNSEL : D M Woodburne (Crown) S M Kluss (Appellant) SOLICITORS : S E O'Connor (Crown) Ross Hill & Associates (Appellant) CATCHWORDS : CRIMINAL LAW - evidence - whether money seized from home of accused was relevant - admission of conversation between the accused and witness - admission of identification evidence and whether such evidence went to the identity of the accused - CRIMINAL LAW - directions to jury - circumstantial evidence - failure to direct jury as to suspicion of guilt being insufficient - failure to provide direction as to flight - CRIMINAL LAW - severity of sentence - existence of special circumstances Crimes Act 1900 s105A LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 s44 Evidence Act 1995 s55; s90; s135; s137 R v Alexander (1981) 145 CLR 395 CASES CITED: R v Davies and Cody (1937) 57 CLR 170 R v Fernando (1992) 76 A Crim R 58 R v Pitkin (1995) 80 A Crim R 302 DECISION : Appeal dismissed.
IN THE COURT OF CRIMINAL APPEAL 60872/01
SANTOW JA HIDDEN J ADAMS J
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