NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: KUTSCHERA v R [2010] NSWCCA 150
HEARING DATE(S): 18 December 2009
JUDGMENT DATE: 19 July 2010
JUDGMENT OF: McClellan CJatCL at 1; Hulme J at 2; Johnson J at 121
DECISION: Appeal dismissed
PARTIES: Michael Kutschera Regina
FILE NUMBER(S): CCA 2007/5907003
COUNSEL: Mr S Odgers SC (Applicant) Ms D Woodburne SC (Respondent)
SOLICITORS: Conroy Stewart Spagnolo (Applicant) Solicitor for DPP (Respondent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 2007/5907
LOWER COURT JUDICIAL OFFICER: Fullerton J
LOWER COURT DATE OF DECISION: 28/11/08
- 1 - IN THE COURT OF CRIMINAL APPEAL 2007/5907003
McCLELLAN CJ AT CL RS HULME J JOHNSON J
Monday, 19 July 2010 Michael KUTSCHERA v REGINA Judgment 1 McCLELLAN CJ AT CL: I agree with RS Hulme J. 2 RS HULME J: On 24 September 2008 the above named Appellant was convicted of murdering Lucas Gleeson on 21 July 2007. On 28 November 2008 Justice Fullerton sentenced the Appellant to imprisonment for a period of 26 years and 8 months including a non-parole period of 20 years both such periods commencing on 21 July 2007. 3 The Appellant appeals against only his conviction and upon one ground only, viz:- The trial judge erred in respect of the directions given to the jury regarding Adam Newbold. 4 Reliance was placed on s165 of the Evidence Act which, so far as is presently relevant, provides:- (1) This section applies to evidence of a kind that may be unreliable, including the following kinds of evidence (a) …
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate