FOGGO v REGINA [2007] NSWCCA 364

New South Wales Court of Criminal Appeal

CITATION: FOGGO v REGINA [2007] NSWCCA 364

HEARING DATE(S): 10 September 2007

JUDGMENT DATE: 21 December 2007

JUDGMENT OF: Mason P at 1; Adams J at 106; Smart AJ at 115

DECISION: Appeal dismissed

CATCHWORDS: CRIMINAL LAW – Appeal – miscarriage of justice – Circumstances not involving miscarriage or in which miscarriage not substantial – improper rejection of evidence – witnesses – cross-examination – where cross-examination of complainant's actual response given to a question in an intercepted conversation disallowed – where complainant should have been cross-examined - CRIMINAL LAW – Appeal – miscarriage of justice – Circumstances not involving miscarriage or in which miscarriage not substantial – where cross-examination disallowed but should have been permitted – no substantial miscarriage of justice - CRIMINAL LAW – Appeal – miscarriage of justice – Circumstances not involving miscarriage or in which miscarriage not substantial – other irregularities – permitting improper cross examination – improper comment – where comment framed as an irrelevant question – where some questioning framed improperly – where some questioning relevant - CRIMINAL LAW – Appeal – miscarriage of justice – Circumstances not involving miscarriage or in which miscarriage not substantial – where taken as a whole questioning did not involved a substantial miscarriage of justice - CRIMINAL LAW – Appeal – particular grounds – unreasonable or insupportable verdict – where appeal dismissed

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

CASES CITED: Libke v The Queen [2007] HCA 30, 235 ALR 517

PARTIES: Douglas FOGGO REGINA

FILE NUMBER(S): CCA 2007/3153

COUNSEL: Appellant: P M Strickland SC/ M Buscombe Respondent: M Barr