NSW Caselaw
New South Wales Court of Criminal Appeal
Regina v Anthony John Hore Regina v Stanley James Fyffe [2005] NSWCCA 3 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 2 March 2004; 3 March 2004
JUDGMENT DATE: 9 March 2005
JUDGMENT OF: Tobias JA at 1; James J at 2; Smart AJ at 3
DECISION: In each case appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed .
CATCHWORDS: Prison murder - Evidence sufficient to support verdict - detailed factual analysis - Joint enterprise directions adequate and supported by evidence - circumstantial evidence directions, identification directions, directions as to lies adequate - application of s 128 Evidence Act 1995 (self incrimination) - judge refuses to direct witnesses to answer questions but explains fully to jury why witnesses not answering questions - directions favourable to accused - extensive warnings given as to the unreliability of the evidence of prison informers and specifying the weaknesses in the evidence of each - summing-up contained adequate summaries of evidence and adequately exposed and covered issues and case of each accused. - Life sentences imposed for savage and callous murder.
Evidence Act 1995 s 128(1)-(7) LEGISLATION CITED: Crimes Act 1900, Crimes (Sentencing Procedure) Act 1999, ss 61 and 21
Ahern v The Queen (1988) 165 CLR 87. Edwards v The Queen (1993) 178 CLR 193 at 209-211 King v The Queen (1986) 161 CLR 423 at 437 M v The Queen (1994) 181 CLR 487 at 493-494 MFA v The Queen (2002) 213 CLR 606 at 614-615 & 622-623. Osland v The Queen (1998) 197 CLR 361 at [72] R v Clough (1992) 28 NSWLR 396. CASES CITED: R v Harris 50 NSWLR 409 at [60] (2001); 121 A Crim R 342 R v Mai (1992) 26 NSWLR at 375 R v Masters (1992) 26 NSWLR at 465-6 R v Mohan [1967] 2 AC 187 R v Phan (2001) 123 A Crim R 30 at [65] Pollitt v The Queen (1993) 174 CLR 558 Shepherd v The Queen (1990) 170 CLR 573 at 579-580 Tripodi v The Queen (1960-1961) 104 CLR 1
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