NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: CDR v Regina [2005] NSWCCA 404
HEARING DATE(S): 18/11/2005
JUDGMENT DATE: 24 November 2005
JUDGMENT OF: Simpson J at 1; Adams J at 2; Hoeben J at 3
DECISION: Appeal dismissed.
CATCHWORDS: CONVICTION APPEAL - Whether guilt or innocence alternatives constituted error when put to jury in summing up - points not taken at trial - whether failure by Crown to particularise individual acts constituting offence amounted to error.
Crimes Act 1900 LEGISLATION CITED: Drug Misuse and Trafficking Act 1985
Bartho v The Queen (1978) 52 ALJR 520 CASES CITED: Director of Public Prosecutions v Shannon [1975] AC 717
CDR - Appellant PARTIES: Regina - Respondent
FILE NUMBER(S): CCA 2005/2239; 2005/1060
Ms B Rigg - Appellant COUNSEL: D Arnott SC - Respondent Crown
Steve O'Connor, Solicitor for Legal Aid - Appellant SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown
LOWER COURT JURISDICTION: District Court
04/11/0396 LOWER COURT FILE NUMBER(S): 04/11/0225
LOWER COURT JUDICIAL OFFICER: McLoughlin DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/2239 2005/1060
SIMPSON J ADAMS HOEBEN J
Thursday, 24 November, 2005 CDR v REGINA Judgment 1 SIMPSON J: I agree with Hoeben J. 2 ADAMS J: I agree with Hoeben J. 3 HOEBEN J: Following a trial in the District Court before Judge McLoughlin SC and a jury, the appellant was on 28 June 2004 convicted of the following five offences:
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