Anderson v R [2010] NSWCCA 130

Reported Decision: 202 A Crim R 68

New South Wales Court of Criminal Appeal

CITATION: Anderson v R [2010] NSWCCA 130 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 11 June 2010

JUDGMENT DATE: 23 June 2010

JUDGMENT OF: McClellan CJatCL at 1; Buddin J at 2; Hislop J at 65

Grant leave to appeal against conviction but dismiss the appeal. DECISION: Grant an extension of time within which to seek leave to appeal against sentence. Grant leave to appeal against sentence but dismiss the appeal.

CATCHWORDS: CRIMINAL LAW - appeal against conviction - conspiracy to import commercial quantity of cocaine - inadmissible material inadvertently provided to jury - whether trial judge erred in refusing to discharge jury - complaint about Crown Prosecutor's address - whether trial judge erred in refusing to discharge jury - CRIMINAL LAW - appeal against sentence - consideration of "fresh evidence" of significant ill-health

LEGISLATION CITED: Crimes Act 1914 (C'th) Criminal Appeal Act 1912

CATEGORY: Principal judgment

Anastasiou v R [2010] NSWCCA 100 Barton v Regina [2009] NSWCCA 164 Causevic v R [2008] NSWCCA 238 Clark v R [2010] NSWCCA 94 GDD v R; NJC v R [2010] NSWCCA 62 Goebel-McGregor [2006] NSWCCA 390 Holyoak v R (1995) 82 A Crim R 502 John Fairfax Publications Pty Ltd v District Court (NSW) (2004) 61 NSWLR 344 CASES CITED : Iglesias v R [2006] NSWCCA 26 Kanaan & Others v Regina [2006] NSWCCA 109 R v Domican (No3) (1990) 46 A Crim R 408 R v Goodwin (1990) 51 A Crim R 328 R v Munday (1981) 2 NSWLR 177 R v Shaw (1917) 34 WN (NSW) 150 R v Starke (1992) 13 Crim App R 548 RNM v Regina [2006] NSWCCA 375 Springer v The Queen (2007) 177 A Crim R 13 The Queen v Gilbert (2000) 201 CLR 414