ANDERSON v REGINA [2006] NSWCCA 156

New South Wales Court of Criminal Appeal

CITATION: ANDERSON v REGINA [2006] NSWCCA 156

HEARING DATE(S): 24 April 2006

JUDGMENT DATE: 16 May 2006

JUDGMENT OF: McClellan CJ at CL at 1; James J at 58; Hall J at 59

DECISION: Appeal against conviction and sentence dimissed

CATCHWORDS: CRIMINAL LAW - murder - appeal against conviction and sentence - whether new evidence of miscarriage of justice - whether coroner's reports valid - whether sufficient evidence to support jury's conclusion as to cause of death - directions on provocation - whether competent conduct of defence by counsel - whether another sentence warranted in law

Jones v The Queen (1994) 191 CLR 439 CASES CITED: M v The Queen (1984) 181 CLR 487 MFA v The Queen (2002) 213 CLR 606 R v Anderson [2002] NSWCCA 194

PARTIES: Noelene Patricia Anderson The Crown

FILE NUMBER(S): CCA 2005/863

COUNSEL: Appellant in person P Miller (Crown)

SOLICITORS: Appellant in person Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S): 70038/02

LOWER COURT JUDICIAL OFFICER: Davidson AJ

LOWER COURT DATE OF DECISION: 19/12/2003

IN THE supreme COURT OF new south wales court of CRIMINAL APPEAL 2005/863

McCLELLAN CJ at CL JAMES J HALL J

TUESDAY 16 MAY 2006 ANDERSON, Noelene v REGINA Judgment

1 McCLELLAN CJ at CL: The appellant was convicted by a jury of the murder of her husband, Robert Keith Grosse at Rocky Point between 30 June 1995 and 31 July 1995. She appeals her conviction. She has also intimated an intention to seek leave to appeal against sentence but no ground of appeal has been directed to this issue.