John Walsh NGATI v R [2008] NSWCCA 3

New South Wales Court of Criminal Appeal

CITATION: John Walsh NGATI v R [2008] NSWCCA 3

HEARING DATE(S): 13 December 2007

JUDGMENT DATE: 31 January 2008

JUDGMENT OF: Tobias JA at 1; Hidden J at 2; Barr J at 3

Conviction appeal dismissed DECISION: Leave granted to appeal against sentence Appeal dismissed

CATCHWORDS: CRIMINAL LAW - appeal against conviction - whether verdict unreasonable or incapable of being supported by the evidence - majority verdict - whether trial judge erred in directing jury - jury - voting figures - whether appropriate to disclose - application for leave to appeal against sentence - whether sentence excessive - whether disparity in sentences

M v The Queen (1994) 181 CLR 487 Black v The Queen (1993) 179 CLR 44 CASES CITED : R v RJS [2007] NSWCCA 241 R v VST [2003] VSCA 35 R v Smith [1982] 2 NSWLR 608 R v Burrell [2007] NSWCCA 65

PARTIES: John Walsh Ngati Regina

FILE NUMBER(S): CCA 2006/5254

COUNSEL: D Marr (Appellant) G Rowling (Crown)

SOLICITORS: L David Lock Solicitor (Appellant) Solicitor for Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/21/3008

LOWER COURT JUDICIAL OFFICER: Hulme SC DCJ

LOWER COURT DATE OF DECISION: 24 November 2006

IN THE COURT OF CRIMINAL APPEAL 2006/5254

TOBIAS JA HIDDEN J BARR J

31 January 2008 JOHN WALSH NGATI v REGINA Judgment 1 TOBIAS JA: I agree with Barr J 2 HIDDEN J: I agree with Barr J 3 BARR J: The appellant, John Walsh Ngati, has appealed against a conviction entered in the District Court and has sought leave to appeal against the resulting sentence. The appellant was charged that on 15 June 2005 at Airds, while in the company of another person, he broke and entered a certain dwelling house and committed therein a serious indictable offence, namely the assault of Barbara Keeley, occasioning her actual bodily harm.