NSW Caselaw
Reported Decision : 160 A Crim R 243 198 FLR 406
New South Wales Court of Criminal Appeal
CITATION: CORNWELL v REGINA REGINA v CORNWELL [2006] NSWCCA 116 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 2-3 February 2006
JUDGMENT DATE: 11 April 2006
JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 116; Adams J at 117
DECISION: 1. Appeal of the appellant is upheld and a new trial ordered; 2. The Crown appeal is dismissed
CATCHWORDS: CRIMINAL LAW - conspiracy to import a commercial quantity of cocaine - s 128 certificate - admissions - failure to adequately sum up defence case - unreasonable verdict - proviso - application of the "this jury" test - whether miscarriage of justice
Customs Act 1901 (Cth) LEGISLATION CITED: Evidence Act 1995 Criminal Appeal Act 1912
CASES CITED: Weiss v The Queen [2005] HCA 81
PARTIES: Richard Bruce Cornwell (Appl in 2005/1973) Cth Crown (Appl in 2004/1727)
FILE NUMBER(S): CCA 2005/1973; 2004/1727
COUNSEL: P Roberts SC (Crown) T A Game SC/S J Buchen (Appl)
SOLICITORS: Commonwealth Director of Public Prosecutions (Crown) Ford Criminal Lawyers (Appl)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/11/0747
LOWER COURT JUDICIAL OFFICER: Blackmore DCJ
LOWER COURT DATE OF DECISION: 02/02/2006
IN THE COURT OF CRIMINAL APPEAL
2005/1973 2004/1727
McCLELLAN CJ at CL HULME J ADAMS J
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