CLEVERLY, Richard v. Regina [2007] NSWCCA 169

New South Wales Court of Criminal Appeal

CITATION: CLEVERLY, Richard v. Regina [2007] NSWCCA 169

HEARING DATE(S): 12 June 2007

JUDGMENT DATE: 25 June 2007

JUDGMENT OF: Hodgson JA at 1; Grove J at 67; Simpson J at 68

DECISION: Appeal dismissed.

CATCHWORDS: CRIMINAL LAW - Appeal against conviction - Crown case for murder based on circumstantial evidence - Appeal based on points not taken below - Rule 4 of Criminal Appeal Rules - Whether miscarriage of justice shown.

CASES CITED: Papakosmas v. The Queen (1999) 196 CLR 297

PARTIES: Richard Cleverly - appellant Regina - respondent

FILE NUMBER(S): CCA 2006/1952

COUNSEL: Ms. J. Hickleton for appellant Mr. P. Ingram with Ms. E. Elbourne for respondent

SOLICITORS: George Sten & Co. for appellant S. Kavanagh for respondent

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S): SC 2003/105

LOWER COURT JUDICIAL OFFICER: Mathews AJ

LOWER COURT DATE OF DECISION: 17 August 2004

IN THE COURT OF CRIMINAL APPEAL CCAP 2006/1952 SC 2003/105

HODGSON JA GROVE J SIMPSON J

Monday 25 June 2007 CLEVERLY, Richard v. REGINA Judgment 1 HODGSON JA: On 21 July 2004, the appellant was indicted before Mathews AJ in the Supreme Court at Sydney on a charge that he, on 3 July 2002 at West Ryde in the State of New South Wales, did murder Susan Smith. The appellant pleaded not guilty, and was tried before her Honour and a jury of twelve. 2 On 17 August 2004, the jury returned a verdict of guilty. 3 Subsequently, the appellant signed a form under s.32 of the Crimes (Sentencing Procedure) Act 1999, in which he admitted two offences and asked that they be taken into account in sentencing him for murder. Those two offences related to an apparent home invasion on 6 August 2003, to which I will refer later. 4 On 17 December 2004, the appellant was sentenced to imprisonment for a term of 24 years commencing 9 February 2003, with a non-parole period of 18 years. 5 The appellant appeals against his conviction.