NSW Caselaw
Appeal Outcome: Special leave refused by the High Court - 13 June 2008
New South Wales Court of Criminal Appeal
CITATION: KAMM, William v. Regina [2007] NSWCCA 201
HEARING DATE(S): 14 June 2007
JUDGMENT DATE: 9 July 2007
JUDGMENT OF: Hodgson JA at 1; Grove J at 71; Simpson J at 72
DECISION: 1. Appeal against conviction dismissed. 2. Leave to appeal against sentence granted, and appeal against sentence dismissed.
CATCHWORDS: CRIMINAL LAW - Appeal against conviction - Procedure - Amendment to charge during trial - Amended charge read out to accused and plea taken - Whether necessary for jury to be resworn - Note from jury asserting observation of coaching of one defence witness by another - Direction to jury to disregard observation - Whether jury should have been discharged
LEGISLATION CITED: Criminal Procedure Act 1986 ss.20-22 Jury Act 1977 s.72A
Gilbert v. The Queen (2000) 201 CLR 414 Government Insurance Office of NSW v. Bailey (1992) 27 NSWLR 304 Ibbs v. The Queen (1987) 163 CLR 447 Katsuno v. The Queen (1999) 199 CLR 40 Mackay v. The Queen (1977) 136 CLR 465 Maher v. The Queen (1987) 163 CLR 221 CASES CITED: R v. Ayles [2007] SASC 82 R v. Court (1988) 87 Cr App R 144 R v. Harkin (1989) 38 A Crim R 296 R v. MAJW [2007] NSWCCA 145 R v. Maric (1978) 52 ALJR 631 R v. Martin (2000) 78 SASR 140 R v. White (1987) 49 SASR 154
PARTIES: William Kamm - appellant Regina - respondent
FILE NUMBER(S): CCA 2007/519
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