QUINLAN v REGINA [2006] NSWCCA 284

Reported Decision : 164 A Crim R 106

New South Wales Court of Criminal Appeal

CITATION: QUINLAN v REGINA [2006] NSWCCA 284

HEARING DATE(S): 24 July 2006

JUDGMENT DATE: 11 September 2006

JUDGMENT OF: Tobias JA at 1; McClellan CJ at CL at 2; Hoeben J at 50

DECISION: Appeal dismissed

CATCHWORDS: CRIMINAL LAW – appeal against conviction – armed robbery – circumstantial case – evidence of flight – consciousness of guilt – whether error in admitting this evidence – whether error in characterising evidence as flight – other explanations of flight – whether other explanations prejudicial – whether evidence ought to have been led in a modified form – whether jury properly directed as to use of evidence of flight – whether verdict unreasonable – direction in relation to circumstantial evidence – nature of circumstantial evidence available

LEGISLATION CITED: Criminal Appeal Act 1912 (NSW)

Cornwall v R [2006] NSWCCA 116 Darkan v The Queen (2006) ALJR 1250 R v Cook [2004] NSWCCA 52 CASES CITED: R v Habib (2005) NSWCCA 223 R v Ho (2002) 130 A Crim R 545; R v Power & Power (1996) 87 A Crim R 407 R v Taranto [1999] NSWCCA 396

PARTIES: Ralph Reynold Quinlan (Appl) The Crown

FILE NUMBER(S): CCA 2006/523

COUNSEL: P Byrne SC/I McLachlan (Appl) V Lydiard (Crown)

SOLICITORS: Ross Hill & Associates (Appl) Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/31/0127

LOWER COURT JUDICIAL OFFICER: Keleman DCJ

LOWER COURT DATE OF DECISION: 6 February 2004