NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v O'Connor [2003] NSWCCA 335 HEARING DATE(S) : 5 November 2003 JUDGMENT DATE : 5 November 2003
JUDGMENT OF : Barr J at 1; Greg James J at 21; Howie J at 22 DECISION : Appeal is dismissed.
CATCHWORDS : Evidence - exculpatory out-of-court statement of absent co-offender - whether admissible LEGISLATION CITED : Evidence Act ss 65 (1), (2), (8), 135 CASES CITED : Gallagher v The Queen (1986) 160 CLR 392 PARTIES : Regina Linda O'Connor FILE NUMBER(S) : CCA 060298/03 COUNSEL : Applicant: I F Byrne Crown: D C Frearson SOLICITORS : Applicant: Alexanders Lawyers Crown: S E O'Connor
LOWER COURT District Court JURISDICTION : LOWER COURT 00/11/0587 FILE NUMBER(S) : LOWER COURT Stewart ADCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 060298/03
Barr J Greg James J Howie J
Wednesday, 5 November 2003 R v Linda O'CONNOR Judgment 1 BARR J: The appellant, Linda O'Connor, appeals against her conviction on a charge of robbery in company which followed a trial by jury in the District Court.
2 During the evening of 16 September 1999, Mr Thomas Banborough was at work in his liquor shop at Little Bay when a man and a woman entered. The man's head was covered with a balaclava and the woman's with a scarf. The man produced a knife, menaced Mr Banborough and made him hand over cash from the till. The woman tried to hit him with a broom handle she had brought with her. During the attack the man and woman spoke to one another and he recognised their voices. They were a couple he described as inseparable who had been coming to his shop once or twice a week for about four years to buy cigarettes or withdraw cash from a money machine. When they had robbed him the couple ran away and Mr Banborough chased them and threw a bottle. The man took off his balaclava and turned and faced Mr Banborough. He recognised the man. He knew that his name was Tarek. He never saw the woman's face but recognised her by three things, namely her body shape, her demeanour and her voice. He knew her as Linda.
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