NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Puchalski v Regina [2007] NSWCCA 220
HEARING DATE(S): 24 and 25 May 2007
JUDGMENT DATE: 23 July 2007
JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 2; Smart AJ at 3
DECISION: Appeal against convictions dismissed
CATCHWORDS: Malicious shooting with intent to do grievous bodily harm and maliciously discharge loaded arms with intent to do grievous bodily harm - Circumstantial case - Was appellant the shooter - Jury acting reasonably entitled to be satisfied beyond reasonable doubt of guilt of accused - no necessity for Shepherd direction - Committal deposition of subpoenaed witness who went overseas very shortly before trial without notifying Crown or police correctly admitted pursuant to s 65 of Evidence Act - Correct construction of "not available to give evidence" in s 65(1) and "all reasonable steps" in cl 4(1)(e) of Pt 2 of Dictionary - Exercise of discretion under s 192 - Correct refusal of adjournment of trial.
LEGISLATION CITED: Evidence Act s 65(1) & (3)
Barca v The Queen (1975) 133 CLR 82 House v The King (1936) 55 CLR 499 Knight v The Queen (1992) 66 ALJR 860 M v The Queen (1994) 181 CLR 487 CASES CITED: Martin v Osborne (1936) 55 CLR 367 Plomp v The Queen (1963) 110 CLR 234 R v Teasdale [2004] NSWCCA 91 Shepherd v The Queen (1990) 170 CLR 573 The Queen v Hillier (2007) HCA 13
PARTIES: Benjamin Joshua Puchalski v Regina
FILE NUMBER(S): CCA 2007/763
COUNSEL: (A) P J Hamill SC & A Francis (C) D Arnott SC & J Dwyer
SOLICITORS: (A) S E O'Connor (LAC) (C) S Kavanagh Solr for Public Prosecutions
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