R v Campbell [2005] NSWCCA 132

New South Wales Court of Criminal Appeal

CITATION: R v Campbell [2005] NSWCCA 132

HEARING DATE(S): 7 April 2005

JUDGMENT DATE: 13 April 2005

JUDGMENT OF: Spigelman CJ at 1; Studdert J at 2; Greg James J at 59

DECISION: Appeal allowed; appellant's conviction and sentence quashed; new trial ordered.

CATCHWORDS: Lies told by accused - lies affecting credibility - Crown Prosecutor's address invited jury conclusion that lies evidenced consciousness of guilt - necessity for jury to be instructed in the circumstances that it should not use a lie as evidence of guilt.

Crimes Act, s 35 LEGISLATION CITED: Criminal Appeal Rules, r 4

M v The Queen (1994) 181 CLR 487 MFA v The Queen (2002-2003) 213 CLR 606 CASES CITED: R v Ray (2003) 57 NSWLR 616 Zoneff v The Queen (2000) 200 CLR 234

PARTIES: Regina v Marie Elaine Campbell

FILE NUMBER(S): CCA 2005/95

J. Bennett SC (Crown) COUNSEL: A. Francis (Appellant)

S. Kavanagh (Crown) SOLICITORS: S.E. O'Connor (Appellant)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/61/0216

LOWER COURT JUDICIAL OFFICER: Finnane DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/95

SPIGELMAN CJ STUDDERT J GREG JAMES J

Wednesday 13 April 2005 REGINA v MARIE ELAINE CAMPBELL Judgment 1 SPIGELMAN CJ: I agree with Studdert J. 2 STUDDERT J: Following trial in the District Court, the appellant, Marie Campbell, was found guilty of the crime of maliciously inflicting grievous bodily harm in contravention of s 35(b) of the Crimes Act. Following conviction, the appellant was sentenced on 25 June 2004 to a head sentence of four years six months with a non parole period of eighteen months. The sentence commenced on 25 June 2004. 3 The appellant does not seek leave to appeal against the sentence imposed, but brings this appeal against her conviction.