SPRUILL v R [2008] NSWCCA 39

New South Wales Court of Criminal Appeal

CITATION: SPRUILL v R [2008] NSWCCA 39

HEARING DATE(S): 30 January 2008

JUDGMENT DATE: 29 February 2008

JUDGMENT OF: Hodgson JA at 1; Kirby J at 71; Buddin J at 72

DECISION: Appeal against conviction dismissed.

CATCHWORDS: CRIMINAL LAW – appeal against conviction – whether presumptive evidence of blood stains should have been admitted – Whether direction on unreliability under s 165(1) of the Evidence Act should have been given – Whether verdict of guilty unreasonable.

LEGISLATION CITED: Evidence Act ss 55, 103, 135, 137, 165

CATEGORY: Principal judgment

R v Cakovski [2004] NSWCCA 280 Lean & Aland v R (1993) 66 A Crim R 296 CASES CITED : R v McCormack (1996) 85 A Crim R 445 R v Robinson [2003] NSWCCA 118 R v Sanford (1994) 33 NSWLR 172

PARTIES: Richard Spruill (Appellant) Regina (Respondent)

FILE NUMBER(S): CCA 2005/4599

COUNSEL: M C RAMAGE QC (Appellant) P MILLER (Respondent)

SOLICITORS: Jeffreys & Associates (Appellant) Solicitor for Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 03/41/0194

LOWER COURT JUDICIAL OFFICER: Murrell DCJ

LOWER COURT DATE OF DECISION: 4 October 2005

IN THE COURT OF CRIMINAL APPEAL CCA 2005/4599 DC 03/41/0194

HODGSON JA KIRBY J BUDDIN J

29 FEBRUARY 2008 Richard SPRUILL v REGINA Judgment 1 HODGSON JA: On 12 July 2005, the appellant was indicted before Murrell DCJ in the District Court of New South Wales on the following counts: (1) That he on 8 April 2003 at Nowra in the Sate of New South Wales did wound [the complainant] with intent to murder [the complainant]. (2) In the alternative, that he on 8 April 2003 at Nowra in the State of New South Wales maliciously wounded [the complainant] with intent to do grievous bodily harm. 2 The appellant pleaded not guilty, and was tried before her Honour and a jury of twelve. 3 On 29 July 2005, the jury returned a verdict of not guilty on count 1 and guilty on count 2. 4 On 4 October 2005, the appellant was sentenced to a non-parole period of six years to commence on 8 April 2003 and to expire on 7 April 2009, with a balance of term of four years to expire on 7 April 2013. 5 The appellant appeals from his conviction.