R v White [2003] NSWCCA 64

Reported Decision : 140 A Crim R 63

New South Wales Court of Criminal Appeal

CITATION : R v White [2003] NSWCCA 64 HEARING DATE(S) : 7 March 2003 JUDGMENT DATE : 21 March 2003

JUDGMENT OF : Giles JA at 1; Dunford J at 2; Smart AJ at 3 DECISION : Appeal upheld; conviction quashed; new trial ordered

CATCHWORDS : Fresh evidence which could have led to acquittal - approach to granting leave under s.38 of Evidence Act 1995 to examine a witness LEGISLATION CITED : Evidence Act 1995 CASES CITED : Mickelberg v The Queen (1989) 167 CLR 259 R v Le (2002) 54 NSWLR 474 PARTIES : R v Michael Rodney White FILE NUMBER(S) : CCA 60006/03 COUNSEL : Appellant: E Fullerton SC and S M Kluss Respondent: R A Hulme SC SOLICITORS : Appellant: Ross Hill & Associates Respondent: S E O'Conner

LOWER COURT District Court JURISDICTION : LOWER COURT 02/51/0036 FILE NUMBER(S) : LOWER COURT Hosking DCJ JUDICIAL OFFICER :

- 33 - IN THE COURT OF CRIMINAL APPEAL 60006/2003 Giles JA Dunford J Smart AJ Friday 21 March 2003 REGINA v Michael Rodney WHITE

Judgment

1. GILES JA: I agree with Smart AJ

2. DUNFORD J: I agree with Smart AJ

3. SMART AJ: Michael Rodney White appeals against his conviction by a jury that being armed with a dangerous weapon, namely a firearm and being in company with Nathan Kain and Rian Wayne Parka he did rob Leonie Kay Matthews of certain property namely a sum of money the property of St George Bank Limited. The amount taken was about $20,358. The appellant was sentenced to imprisonment for 6 years 6 months with a non parole period of 3 years 3 months.