Regina v Campbell [2004] NSWCCA 314

New South Wales Court of Criminal Appeal

CITATION : Regina v Campbell [2004] NSWCCA 314 HEARING DATE(S) : Monday 30 August 2004 JUDGMENT DATE : 13 September 2004

JUDGMENT OF : Grove J at 1; Simpson J at 60; Shaw J at 61 DECISION : APPEAL ALLOWED.; SPECIAL VERDICTS SET ASIDE.; SENTENCES QUASHED.

CATCHWORDS : CRIMINAL LAW AND PROCEDURE - WITNESSES WHO HAD BENEFITED BY REDUCTION OF SENTENCE FOR THEIR OWN OFFENCES - ERRONEOUS LIMIT PLACED ON REVELATION OF DETAIL OF THOSE CRIMES - SPECIAL VERDICT OF LARCENY OR RECEIVING - JURY UNANIMITY REQUIRED - WHETHER NEW TRIAL POSSIBLE FOLLOWING ACQUITTAL ON INDICTED COUNTS LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cassell & Co v Broome 1972 1 ALR 801 R v Carrion 2002 128 A Crim R 29 R v Cassidy 1919 19 SR (NSW) 48 R v Gonzalez-Betes [2001] NSWCCA 226 CASES CITED : R v Holton [2004] NSWCCA 214 R v Nguyen, unrep. NSWCCA 20.2.97 R v Saleam 1989 41 A Crim R 48 R v Sullivan [2003] NSWCCA 100 Tzaidis v Child & Ors [2003] NSWSC 667 PARTIES : Regina v Naethen James Campbell FILE NUMBER(S) : CCA 2004/1785 (60212/04) COUNSEL : L. Lamprati, SC with J. Girdham (Crown) P. Boulten SC (Applicant) SOLICITORS : S. Kavanagh (Crown) S. O'Connor (Applicant)

LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0281 FILE NUMBER(S) : LOWER COURT Karpin DCJ JUDICIAL OFFICER :

The appellant was tried on counts of stealing, or alternatively, receiving five motor vehicles. Crown witnesses included offenders involved in allied crimes in respect of these and other vehicles. They received significant benefits by way of reduction of their own sentences because of their cooperation in seeking to inculpate the appellant. The trial judge restricted the extent of cross examination of those offenders concerning the detail of their crimes.