NSW Caselaw
Reported Decision: 200 A Crim R 83
New South Wales Court of Criminal Appeal
CITATION: Rees v Regina [2010] NSWCCA 84
HEARING DATE(S): 22 February 2010
JUDGMENT DATE: 7 May 2010
JUDGMENT OF: Beazley JA at 1; Hulme J at 82; Latham J at 100
DECISION: The appeal is dismissed.
CATCHWORDS: CRIMINAL LAW - armed robbery with offensive weapon - circumstantial evidence - Shepherd direction - Shepherd direction not required - CRIMINAL LAW - armed robbery with offensive weapon - conviction appeal - miscarriage of justice - criticism by trial judge to the jury of counsel's submission - no miscarriage - CRIMINAL LAW - armed robbery with offensive weapon - procedural fairness - alleged failure to give counsel an opportunity to be heard on trial judge's criticism of submission - trial counsel's submission to the jury states wrong principle - counsel given opportunity to address - no denial of procedural fairness - CRIMINAL LAW - armed robbery with offensive weapon - conviction appeal - procedural fairness - alleged failure to give counsel opportunity to address trial judge when trial judge had directed the jury that counsel's submission was wrong - CRIMINAL LAW - armed robbery with offensive weapon - conviction appeal - apprehended bias - apprehended bias not made out - CRIMINAL LAW - armed robbery with offensive weapon - evidence - alleged wrongful admission of evidence - evidence properly admitted
LEGISLATION CITED: Crimes Act 1900 Evidence Act 1995
CATEGORY: Principal judgment
Antoun v R [2006] HCA 2; (2006) 224 ALR 51 Burrell v Regina [2009] NSWCCA 163 Concrete Pty Ltd v Parramatta Design and Developments Pty Ltd [2006] HCA 55; (2006) 229 CLR 557 Davidson v R [2009] NSWCCA 150 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488 Livesey v New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288 CASES CITED : Minniti v R [2006] NSWCCA 30; 159 A Crim R 394 R v Hillier [2007] HCA 13; (2007) 228 CLR 618 R v Keenan [2009] HCA 1; (2009) 83 ALJR 243 R v Taylor (Court of Criminal Appeal, 18 April 1995, unreported) R v Zaiter [2004] NSWCCA 35; 196 FLR 431 Regina v Merritt [1999] NSWCCA 29 Shepherd v R [1990] HCA 56; (1990) 170 CLR 573 Velevski v The Queen [2002] HCA 4; (2004) 76 ALJR 402
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