Regina v Robinson [2003] NSWCCA 188

New South Wales Court of Criminal Appeal

CITATION : Regina v Robinson [2003] NSWCCA 188 revised - 11/02/2004 HEARING DATE(S) : 30 May 2003 JUDGMENT DATE : 18 August 2003

JUDGMENT OF : Beazley JA at 1; Hidden J at 1; Carruthers AJ at 1 DECISION : Appeal allowed, conviction quashed and a new trial ordered.

CATCHWORDS : Criminal law - conviction appeal - appellant convicted of murder of fellow inmate at Junee Correctional Centre - whether the directions given on the approach that the jury should take to the evaluation and assessment of the evidence of prisoner informer witnesses were adequate - whether the directions given on the approach that the jury should take to the assessment of the evidence of witnesses who might reasonably be regarded as accomplices were adequate - whether the trial judge erred in directing the jury that warnings regarding the potential unreliability of prison informers applied to evidence favourable to the accused by such informers - whether the trial judge erred in admitting the evidence of admissions allegedly made by the appellant to the police prosecutor at a bail hearing - whether such alleged admissions made during the course of official questioning - whether evidence of such alleged admissions unfair to the appellant as he was not given the opportunity by the police prosecutor to adopt or deny the alleged admissions - whether his Honour erred in allowing evidence of witness declared unfavourable to go to the jury - whether his Honour's directions on DNA evidence involved the error known as "the prosecutor's fallacy" - whether appropriate directions given in relation to defence case that, on the whole of the evidence, a fellow inmate named Johnson may have murdered the deceased - whether the verdict of the jury was unreasonable having regard to the evidence. Crimes Act 1960 s 424A (now repealed) LEGISLATION CITED : Criminal Procedure Act 1986 s 108 (now s 281) Evidence Act 1995 ss38, 128, 135, 136, 137, 165, 165(1), 165(1)(a), (d), (e) Brooks (1999) 103 A Crim R 234 Domican v The Queen (1991-1992) 173 CLR 555 Driscoll v The Queen (1977) 137 CLR 517 Horton (1998-1999) 104 A Crim R 306 House v The King (1936) 55 CLR 505 JCG (2001) 127 A Crim R 493 Jamieson, Elliott and Blessingdon (1992) 60 A Crim R 68 Julin [2000] TASSC 50 Keir (2002) 127 A Crim R 198 CASES CITED : McKinney v The Queen (1990-1991) 171 CLR 476 Marlow & Kelly (2001-2002) 129 A Crim R 51 Moffatt (2000) 112 A Crim R 201 Pavic v The Queen (1998) 192 CLR 159 Pollitt v The Queen (1991-1992) 174 CLR 558 R v Clough (1992) 28 NSWLR 396 R v Clout (1996-1997) 41 NSWLR 312 R v GK (2001) 53 NSWLR 317 R v Sullivan [2003] NSWCCA 100 Stephens v The Queen (1985) 156 CLR 664 Van der Meer v The Queen (1988) 62 ALJR 656 PARTIES : Regina v Harry Robinson FILE NUMBER(S) : CCA 60398/00 COUNSEL : Appellant - P. Byrne SC / G.A. Bashir Crown - L.M.B. Lamprati SOLICITORS : Appellant - Ross Hill & Associates Crown - S.E. O'Connor