Tiwary v R [2008] NSWCCA 319

New South Wales Court of Criminal Appeal

CITATION: Tiwary v R [2008] NSWCCA 319

HEARING DATE(S): 16 October 2008

JUDGMENT DATE: 17 December 2008

JUDGMENT OF: McClellan CJ at CL at 1; Blanch J at 149; Hislop J at 150

1. Appeal upheld DECISION: 2. Conviction quashed 3. New trial ordered.

CATCHWORDS: CRIMINAL LAW - appeal and new trial and inquiry after conviction - appeal and new trial - particular grounds - misdirection and non-direction - presentation of defence case and Crown case and review of evidence - circumstantial case - consciousness of guilt - Crown prosecutor's address on lies as consciousness of guilt - whether trial judge adequately directed jury on consciousness of guilt - whether trial judge adequately directed jury on evidence of blood on appellant's feet - whether trial miscarried - CRIMINAL LAW - appeal and new trial and inquiry after conviction - appeal and new trial - particular grounds - unreasonable or insupportable verdict - CRIMINAL LAW - appeal and new trial and inquiry after conviction - appeal and new trial - appeal against sentence - appeal by convicted persons - application to reduce sentence - not appropriate to consider sentencing issues as new trial ordered

CATEGORY: Principal judgment

CASES CITED : Edwards v R (1993) 178 CLR 193 Shepherd v R (1991) 170 CLR 573

PARTIES: Ram Puneet Tiwary (Appellant) The Crown

FILE NUMBER(S): CCA 2005/3786

COUNSEL: T A Game SC (Appellant) L Babb SC/M Rabsch (Crown Advocate)

SOLICITORS: Giddy & Crittenden (Appellant) Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S): 2005/1899