Rend v Regina [2006] NSWCCA 41

Reported Decision : 160 A Crim R 178

New South Wales Court of Criminal Appeal

CITATION: Rend v Regina [2006] NSWCCA 41

HEARING DATE(S): 15/02/06

JUDGMENT DATE: 14 March 2006

JUDGMENT OF: James J at 1; Buddin J at 113; Hall J at 114

DECISION: Appeal against conviction dismissed. Leave to appeal against sentence granted. Appeal against sentence allowed. Appellant re-sentenced [par 115].

CATCHWORDS: CRIMINAL LAW – CONVICTION APPEAL – offence of robbery – whether a miscarriage of justice was occasioned by the Crown prosecutor's address which relied on lies told by the appellant as evidence of guilt – whether a miscarriage of justice was occasioned by the failure of the trial judge to properly direct the jury in relation to lies alleged to have been told by the appellant – whether the trial judge erred in allowing the Crown to call evidence in reply – SENTENCE – whether sentencing judge erred in taking into account as aggravating factors - prior convictions – offence committed in company - whether disparity with co-offender's sentence gives rise to a justifiable sense of grievance

Crimes Act LEGISLATION CITED: Crimes (Sentencing Procedure) Act Criminal Appeal Act Evidence Act

Browne v Dunn (1893) 6 R 67 Edwards v The Queen (1993) 178 CLR 193 MWJ v The Queen [2005] HCA 74 Postiglione v The Queen (1995-1996) 189 CLR 295 R v Blair (2005) 152 A Crim R 462 CASES CITED: R v De Simoni (1981) 147 CLR 383 R v Douglas [2005] NSWCCA 419 R v Johnson [2004] NSWCCA 76 R v Tangye (1997) 92 A Crim R 545 The Queen v Chin (1984-1985) 157 CLR 671 Weiss v The Queen [2005] HCA 81 Zoneff v The Queen (2000) 200 CLR 234