R v Hunt [2003] NSWCCA 301

New South Wales Court of Criminal Appeal

CITATION : R v Hunt [2003] NSWCCA 301 HEARING DATE(S) : 29 September 2003 JUDGMENT DATE : 27 October 2003

JUDGMENT OF : Tobias JA at 1; Howie J at 77; Shaw J at 78 DECISION : Orders: Appeal against conviction dismissed.

CATCHWORDS : CRIMINAL LAW - murder - appeal against conviction - whether failure of trial judge to exclude evidence or issue a warning to the jury in relation thereto resulted in a miscarriage of justice - EVIDENCE - whether evidence should have been excluded under s137 - whether trial judge should have issued a s165 or Longman warning in relation to evidence due to medical condition of witness - whether failure of trial judge to do so resulted in a miscarriage of justice - where defence counsel at trial had not sought exclusion or warning - PRACTICE - whether direction by trial judge to jury gave impression that he thought the accused was guilty - whether an error in directions resulted in the jury being misdirected - ND Crimes Act 1900 s353A, s428c(1) LEGISLATION CITED : Evidence Act 1995 s137, s165 Criminal Appeal Rules r4 Criminal Appeal Act 1912 s6(1) R v Moussa [2001] NSWCCA 427 TKWJ v R (2002) 76 ALJR 1579 Longman v The Queen (1989) 168 CLR 79 R v Johnston (1998) 45 NSWLR 362 CASES CITED : Crampton v The Queen (2000) 206 CLR 161 R v Stewart (2001) 52 NSWLR 301 R v Baartman (2000) NSWCCA 298 R v Chai [2002] NSWCCA 512 R v Ambrosoli [2002] NSW CCA 386 R v GK (2001) 53 NSWLR 317 PARTIES : Regina Leo Vincent Hunt FILE NUMBER(S) : CCA 60101/02 COUNSEL : A: Paul Byrne SC R: D C Frearson SOLICITORS : A: Greg Murray & Co R: S.E. O'Connor