McC v Regina [2007] NSWCCA 25

New South Wales Court of Criminal Appeal

CITATION: McC v Regina [2007] NSWCCA 25

HEARING DATE(S): 2/2/07

JUDGMENT DATE: 14 February 2007

JUDGMENT OF: Spigelman CJ at 1; Bell J at 2; Howie J at 21

DECISION: Leave to rely on supplementary ground of appeal refused; appeal dismissed

CATCHWORDS: Crown Prosecutor's obligation to call witnesses

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995

CASES CITED: R v Apostilides (1984) 154 CLR 563 TKWJ v R [2002] HCA 46; 212 CLR 124

PARTIES: PA McC (Appellant) Regina (Respondent)

FILE NUMBER(S): CCA 2006/434

COUNSEL: R Toner SC / J Sabharwal (Appellant) D Frearson SC (Crown)

SOLICITORS: Tim Sharman (Appellant) S Kavanagh (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/31/0098

LOWER COURT JUDICIAL OFFICER: Morgan DCJ

IN THE COURT OF CRIMINAL APPEAL 2006/434 CCAP

SPIGELMAN CJ BELL J HOWIE J

Wednesday 14 February 2007 PA McC v Regina Judgment 1 SPIGELMAN CJ: I agree with Bell J.

2 BELL J: On 13 October 2005 the appellant was convicted at a trial held before Morgan DCJ and a jury of (i) maliciously inflicting grievous bodily harm on TP with intent to do grievous bodily harm; and (ii) assaulting SP thereby occasioning actual bodily harm to her. He appeals against his convictions.

3 The two offences arose in the course of the same incident, which occurred on 2 October 2003. TP, a girl aged 17 years and her friend, SP, a girl aged 14 years were minding J and A, the children of the appellant and his estranged wife, D McC, at her home in Port Macquarie. They were attacked by a man who struck each around the head with a car jack. SP, who was hit outside the home, fell to the ground and feigned unconsciousness. SP saw the man force his way inside the house. TP was hit with the jack repeatedly in the head and face and suffered severe injuries. At the trial TP had no recall of the assault. SP was not able to identify her attacker.