Regina v CORNELISSEN, R v SUTTON [2004] NSWCCA 449

New South Wales Court of Criminal Appeal

CITATION : Regina v CORNELISSEN, R v SUTTON [2004] NSWCCA 449 HEARING DATE(S) : 02/12/2004 JUDGMENT DATE : 21 December 2004

JUDGMENT OF : James J at 1; Hidden J at 149; Bell J at 150 DECISION : Both appeals against conviction allowed - Both convictions quashed and verdicts of acquittal entered.

CATCHWORDS : CRIMINAL LAW - Conviction Appeal - Manslaughter - Unlawful and dangerous act - Punch - Whether the trial judge erred in failing to direct the jury not to engage in tendency reasoning with respect to relationship evidence - Whether the trial judge erred in his directions regarding manslaughter - Whether certain evidence was inadmissible against one of the appellants - Whether the trial judge erred in his directions to the jury regarding the evidence of alleged admissions by one of the appellants - Whether the trial judge erred in directing the jury as to a joint criminal enterprise - Whether the verdicts were unreasonable LEGISLATION CITED : Evidence Act Jones v The Queen (1997) 191 CLR 439 M v The Queen (1994) 181 CLR 487 CASES CITED : MFA v The Queen (2002) 213 CLR 606 R v Stewart (2001) 52 NSWLR 301 R v Stokes and Difford (1990) 51 A Crim R 25 Wilson v The Queen (1991-1992) 174 CLR 313 PARTIES : Regina v Shaun Andrew CORNELISSEN Regina v Reginald Jeffrey SUTTON FILE NUMBER(S) : CCA 2004/2465; 2004/2527 D Arnott - Crown COUNSEL : S Odgers SC - Appellant (Cornelissen) R Hulme SC - Appellant (Sutton) S Kavanagh - Crown SOLICITORS : SE O'Connor - Appellant - (Cornelissen) SE O'Connor - Appellant (Sutton)