R v Crowther-Wilkinson [2004] NSWCCA 249

New South Wales Court of Criminal Appeal

CITATION : R v Crowther-Wilkinson [2004] NSWCCA 249 HEARING DATE(S) : 12/7/04 JUDGMENT DATE : 27 July 2004

JUDGMENT OF : Wood CJ at CL at 1; Dowd J at 232; Kirby J at 233 DECISION : 1. Appeal Dismissed; 2. Conviction and Sentence below confirmed.

CATCHWORDS : CRIMINAL LAW - appeal against conviction - murder - plea of not guilty - co accused jointly indicted - whether verdict of the jury was unreasonable and cannot be supported having regard to the evidence - whether a miscarriage of justice occurred as a result of the failure of the trial judge to direct the jury that they could not convict the appellant unless they were satisfied beyond reasonable doubt that he had planned the murder of the deceased - whether the trial miscarried by reason of the publication on the Internet, both before and during the trial, of two interlocutory judgments. LEGISLATION CITED : Crimes Act 1900 Criminal Procedure Act 1986 - s 108, Crofts v The Queen (1986) 186 CLR 427 at 432 Glennon v The Queen (1992) 173 CLR 592 at 603 Hinch v Attorney General (Vic) (No. 2) (1998) 164 CLR 15 M v The Queen (1994) 181 CLR 487 at 497 Murphy v The Queen (1989) 167 CLR 94 at 99 R v Bell NSWCCA 8 October 1998 CASES CITED : R v Crowther-Wilkinson and Cowie [2003] NSWSC 44 R v Crowther-Wilkinson and Cowie [2003] NSWSC 226 R v Crowther-Wilkinson and Cowie [2002] NSWSC 1207 R v Loguancio (2000) 1 VR 235 R v Yuill (1993) 69 A Crim R 450 R v Zaiter [2004] NSWCCA 35 Shepherd v The Queen (1990) 170 CLR 573 PARTIES : Regina Simon Crowther-Wilkinson FILE NUMBER(S) : CCA 60129/04 COUNSEL : M C Grogan (Crown) P Byrne SC with H Dhanj (Applicant) SOLICITORS : S Kavanagh (Crown) S E O'Connor (Legal Aid)