Regina v Troy Terrence Gibson [2002] NSWCCA 401

New South Wales Court of Criminal Appeal

CITATION : Regina v Troy Terrence Gibson [2002] NSWCCA 401 FILE NUMBER(S) : CCA 60295/02 HEARING DATE(S) : 17 September 2002 JUDGMENT DATE : 3 October 2002

PARTIES : Regina Troy Terrence Gibson JUDGMENT OF : Wood CJ at CL at 1; Sully J at 2; Howie J at 91

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0971 LOWER COURT JUDICIAL Hock DCJ OFFICER :

COUNSEL : Mr. E. Wilkins - Crown Mr. P. Byrne SC/Mr. G. Turnbull - Appellant SOLICITORS : S. E. O'Connor - Crown Forsters, Solicitors - Appellant CATCHWORDS : Criminal law - procedure at trial - Crown Prosecutor's decision not to call in the Crown case a particular witness - discussion of the duty of a Crown Prosecutor in that connection. - Criminal law - alleged miscarriage of justice at trial deriving from the decision of the Crown Prosecutor not to call a particular witness in the Crown case - discussion of principles to be applied in determining whether or not a miscarriage of justice has in fact occurred. - Criminal law - procedure at trial - admission of photographs depicting the physical injuries sustained by the victim of a very severe physical assault - discussion of relevant principles. LEGISLATION CITED : Crimes Act 1900 Evidence Act 1995 The Queen v Apostilides (1984) CLR 563 R v Kneebone (1999) 47 NSWLR 450 CASES CITED: Randall v The Queen [2002] l WLR 2237 Wilde v The Queen (1988) 164 CLR Festa v The Queen [2001] HCA 72 (13 December 2001] DECISION : Appeal against conviction dismissed; Leave granted to appeal against sentence; Appeal against sentence dismissed