R v Lewis [2003] NSWCCA 332

Reported Decision : 142 A Crim R 254

New South Wales Court of Criminal Appeal

CITATION : R v Lewis [2003] NSWCCA 332 HEARING DATE(S) : 11/11/2003 JUDGMENT DATE : 13 November 2003

JUDGMENT OF : Hodgson JA at 1; Grove J at 2; Howie J at 3 DECISION : The appeal should be dismissed.

CATCHWORDS : Criminal Law and Procedure - Judge's summing up - whether directions adequate to ensure a fair trial for the appellant - no request made for directions at trial - whether rule 4 should apply - undue waste of public money in preparation of appeal books and provision of legal aid for an unmeritorious appeal. LEGISLATION CITED : Criminal Appeal Rules - rule 4 R v Lewis [2001] NSWCCA 345 R v Johnson (1998) 45 NSWLR 362 R v King [2000] NSWCCA 507 CASES CITED : R v GJH [2001] NSWCCA 128 R v Ita [2003] NSWCCA 174 R v Fowler [2003] NSWCCA 321 R v Moussa [2001] NSWCCA 427 PARTIES : Regina v Brian James Lewis FILE NUMBER(S) : CCA 60287/03 COUNSEL : M. Grogan - Crown T. Golding - Appellant SOLICITORS : C.K. Smith - Crown S. O'Connor - Appellant

LOWER COURT District Court JURISDICTION : LOWER COURT 01/61/0149 FILE NUMBER(S) : LOWER COURT Price DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60287/03

HODGSON JA GROVE J HOWIE J

THURSDAY 13 NOVEMBER 2003 R V Brian James LEWIS Judgment 1 HODGSON JA: I agree with Howie J. 2 GROVE J: I agree with Howie J. 3 HOWIE J: The appellant was arraigned before his Honour Judge Price and a jury on an indictment containing two counts, the first that on 21 September 1997 he broke and entered a shop of the Condobolin RSL Club and stole a sum of money later identified as $27,598.15, and, in the alternative, that on or about 21 September 1997 he received the sum of $25,336.75 the property of the Condobolin RSL Club knowing it to have been stolen. After a trial, which lasted 15 days, the jury convicted the accused of the offence contained in the first count in the indictment. The trial judge had earlier directed the jury that there was no evidence to support the charge of receiving and, therefore, if they found that the appellant was not guilty of the first count, they should find him not guilty of the alternative count. 4 On 5 September 2001 the appellant was sentenced to imprisonment for a term of 3 years to commence on 11 November 2001 with a non-parole period of 1 year and 2 months, expiring on 10 June 2003. There is no application for leave to appeal against sentence. 5 There are two grounds of appeal as follows: