R v Zoef [2005] NSWCCA 268

New South Wales Court of Criminal Appeal

CITATION: R v Zoef [2005] NSWCCA 268

HEARING DATE(S): 23 March 2005

JUDGMENT DATE: 3 August 2005

JUDGMENT OF: McColl JA at 1; Barr J at 108; Johnson J at 109

DECISION: (1) Appeal against conviction dismissed (2) Leave to appeal against sentence granted, but appeal against sentence dismissed.

CATCHWORDS: CRIMINAL LAW - appellant shot victim who broke into appellant's premises - EVIDENCE - whether trial judge erred in admitting evidence of silencer not proved to have been used in the commission of the offence - SUMMING-UP - whether trial judge's directions concerning self-defence were capable of causing a miscarriage of justice - SELF-DEFENCE - whether jury's verdict was unreasonable - SENTENCING - whether sentence manifestly unreasonable.

Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 LEGISLATION CITED: Criminal Appeal Rules Evidence Act 1995 Firearms Act 1996 Weapons Prohibition Act 1998

House v R [1936] HCA 40; (1936) 55 CLR 499 Markarian v R [2005] HCA 25; (2005) 215 ALR 213 MFA v R [2002] HCA 53; (2002) 213 CLR 606 Papakosmas v R [1999] HCA 37; (1999) 196 CLR 297 R v Abusafiah (1991) 24 NSWLR 531 R v BD (1997) 94 A Crim R 131 CASES CITED: R v Bloomfield (1998) 44 NSWLR 734 R v Katarzynski [2002] NSWSC 924 R v Nai Poon (2003) 56 NSWLR 284 R v Niass [2005] NSWCCA 120 R v Polkinghorne (1999) 108 A Crim R 189 R v Way (2004) 60 NSWLR 168 Tripodina & Morabito v R (1988) 35 A Crim R 183