FALLAH v THE QUEEN [2010] NSWCCA 212

New South Wales Court of Criminal Appeal

CITATION: FALLAH v THE QUEEN [2010] NSWCCA 212

HEARING DATE(S): 27 August 2010

JUDGMENT DATE: 22 September 2010

JUDGMENT OF: Basten JA at 1; Hall J at 49; Price J at 50

DECISION: (1) Grant leave to appeal against the conviction on the first count on the indictment of 2 February 2009. (2) Dismiss the appeal.

CATCHWORDS: APPEAL – criminal – appeal against conviction – whether verdict unreasonable in light of acquittals on 4 other counts, including one offence which was alleged to have occurred during the same incident as the convicted offence – whether conviction unsupported by evidence - APPEAL – criminal – appeal against conviction – whether trial judge put defence case adequately in summing up to jury – no further direction sought at trial – leave required – Criminal Appeal Rules, r 4 - PROCEDURE – criminal – appeal against conviction – verdict unreasonable or not supported by evidence – not on question of law alone – leave required – Criminal Appeal Act 1912 (NSW), s 5 - WORDS AND PHRASES – "question of law alone" - Criminal Appeal Act 1912 (NSW), s 5

Crimes (Sentencing Procedure) Act 1999 (NSW), s 9 LEGISLATION CITED: Criminal Appeal Act 1912 (NSW), s 5 Criminal Appeal Rules, r 4

CATEGORY: Principal judgment

Alford v Magee [1952] HCA 3; 85 CLR 437 Carlton v The Queen [2008] NSWCCA 244; 189 A Crim R 332 Gillies v Director of Public Prosecutions (NSW) [2008] NSWCCA 339 Jones v The Queen [1997] HCA 56; 191 CLR 439 CASES CITED : Mackenzie v The Queen [1996] HCA 35; 190 CLR 348 R v Markuleski [2001] NSWCCA 290; 52 NSWLR 82 RPS v The Queen [2000] HCA 3; 199 CLR 620 Smith v Regina [2007] NSWCCA 156 TK v R [2009] NSWCCA 151; 74 NSWLR 299