Hanna v R [2009] NSWCCA 195

New South Wales Court of Criminal Appeal

CITATION: Hanna v R [2009] NSWCCA 195

HEARING DATE(S): 8 July 2009

JUDGMENT DATE: 5 August 2009

JUDGMENT OF: McClellan CJatCL at 1; Kirby J at 53; Johnson J at 54

DECISION: Appeal dismissed.

CATCHWORDS: CRIMINAL LAW - appeal against conviction - dishonestly damage property by means of fire - circumstantial Crown case - whether jury verdict unreasonable or cannot be supported having regard to the evidence - appeal dismissed

LEGISLATION CITED: Crimes Act 1900

CATEGORY: Principal judgment

Burrell v The Queen [2007] NSWCCA 65 CASES CITED : Dodds v R (2009) NSWCCA 78 The Queen v Hillier [2007] 228 CLR 618

PARTIES: Louis Hanna (Appellant) The Crown

FILE NUMBER(S): CCA 2007/15936

COUNSEL: T A Game SC (Appellant) N Noman (Crown)

SOLICITORS: Legal Aid Commission of NSW (Appellant) Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 07/11/0737

LOWER COURT JUDICIAL OFFICER: Hock DCJ

LOWER COURT DATE OF DECISION: 23 May 2008

IN THE COURT OF CRIMINAL APPEAL 2007/15936

McCLELLAN CJ at CL KIRBY J JOHNSON J

WEDNESDAY 5 AUGUST 2009 HANNA, Louis v R Judgment 1 McCLELLAN CJ at CL: The appellant was tried before a jury and convicted of one count of dishonestly damaging property by means of a fire contrary to s 197(1)(b) of the Crimes Act 1900. The indictment read as follows: "On 12 September 2006 at Croydon Park in the State of New South Wales did dishonestly damage by means of fire premises at 12 Rawson Street, Croydon Park with a view to making a gain by making a claim against his insurance policy with AAMI insurance for the premises for Louis Hanna." 2 The appellant was sentenced to periodic detention for 2 years 8 months with a balance of term of 2 years. 3 An appeal is brought against the conviction only. Although the appellant originally filed seven grounds of appeal, all but ground 7 were abandoned. Ground 7 alleges that the verdict cannot be supported having regard to the evidence.