NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: M.A.H. v Regina; Regina v M.A.H. [2006] NSWCCA 226
HEARING DATE(S): 13 June 2006
JUDGMENT DATE: 27 July 2006
JUDGMENT OF: Grove J at 1; Hidden J at 87; Kirby J at 88
DECISION: CONVICTION APPEAL DISMISSED; CROWN APPEAL DISMISSED; APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE DISMISSED
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - MURDER - DIRECTIONS TO JURY ON MOTIVE - MOTIVE NOT RELIED ON AS PROOF OF GUILT BUT IN SUPPORT OF TESTIMONY OF ACCOMPLICE - NO ERROR SHOWN - LEAVE TO CROSS EXAMINE WITNESS NOT MAKING GENUINE ATTEMPT TO GIVE EVIDENCE - FINDING BY TRIAL JUDGE - NO REQUIREMENT OF CONTEMPORANEITY BETWEEN EVENTS AND MAKING OF STATEMENT UPON WHICH WITNESS CROSS EXAMINED - DIRECTIONS ON TELLING OF LIES NOT ERRONEOUS - SENTENCE - OFFENDER AND VICTIM BOTH AGED 17 - ASSESSMENT WITHIN DISCRETIONARY RANGE
Children's (Criminal Procedure) Act 1987 LEGISLATION CITED: Criminal Appeal Act 1912 Evidence Act 1995
Adams v The Queen 2001 207 CLR 96 De Gruchy v The Queen 2002 211 CLR 85 Lowe v The Queen 1984 154 CLR 606 M. v The Queen 1984 181 CLR 487 Penney v The Queen 1998 72 ALJR 1316 CASES CITED: R v Mungomery 2004 151 A Crim R 376 R v Pantoja NSWCCA, unrep. 5 November 1998 R v Previtera 1997 97 A Crim R 76 R v Simpson 2001 NSWLR 704 The Queen v Olbrich 1999 199 CLR 270 Zoneff v The Queen 2000 200 CLR 234
PARTIES: M.A.H. v Regina; Regina v M.A.H.
FILE NUMBER(S): CCA 2006/727; 2005/1866
COUNSEL: D. Woodburne (Crown/Appellant in 1866) D. Campbell SC with S. Longhurst (Res/Apt in 727)
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