R v Ceissman [2010] NSWCCA 50

New South Wales Court of Criminal Appeal

CITATION: R v Ceissman [2010] NSWCCA 50

HEARING DATE(S): 17 March 2010

JUDGMENT DATE: 22 March 2010

JUDGMENT OF: McClellan CJatCL at 1; Latham J at 2; Schmidt J at 24

DECISION: The ruling of 11 March 2010 refusing the Crown's application to adduce evidence of tendency and co-incidence in accordance with the notices of 15 October 2009 is set aside. The ruling of 11 March 2010 allowing the respondent's application for separate trials is set aside.

CATCHWORDS: CRIMINAL LAW - Evidence - Judicial Discretion to admit or exclude evidence - whether Judge erred in excluding tendency and co-incidence evidence - whether Judge erred in severing indictment - Criminal Appeal Act 1912, ss 5f(2) and 5f(3A)

LEGISLATION CITED: Criminal Appeal Act 1912 Criminal Procedure Act 1986

CATEGORY: Principal judgment

R v Shamouil [2006] NSWCCA 112 CASES CITED : R v Zhang [2005] NSWCCA 437 ; 158 A Crim R 504 R v Fletcher [2005] NSWCCA 338; 156 A Crim R 308 R v Ellis [2003] NSWCCA 319 ; 58 NSWLR 700; 144 A Crim R 1

PARTIES: Regina - Crown Applicant Adam Ceissman - Respondent

FILE NUMBER(S): CCA 2009/8452

COUNSEL: D Arnott SC /S Huggett- Crown Applicant K Averre - Respondent

SOLICITORS: S Kavanagh (solicitor for Public Prosecutions) - Crown Applicant Brenda Duchen - Respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2009/8452

LOWER COURT JUDICIAL OFFICER: Flannery SC DCJ

LOWER COURT DATE OF DECISION: 11 March 2010

IN THE COURT OF CRIMINAL APPEAL 2009/8452