NSW Caselaw
Reported Decision: 197 A Crim R 380
New South Wales Court of Criminal Appeal
CITATION: Partington v R [2009] NSWCCA 232
HEARING DATE(S): 11 August 2009
JUDGMENT DATE: 11 September 2009
JUDGMENT OF: McClellan CJatCL at 1; Grove J at 52; RA Hulme J at 68
DECISION: 1. Appeal upheld and the conviction quashed. 2. Direct a new trial on the count of manslaughter.
CATCHWORDS: CRIMINAL LAW - appeal - murder - opinion evidence - application for discharge of jury
LEGISLATION CITED: Evidence Act 1995
CATEGORY: Principal judgment
Guide Dog Owners and Friends Association v Guide Dog Association of New South Wales (1998) 154 ALR 527 R v Harvey (NSWCCA 11 December 1996) CASES CITED : R v Leung & Wong (1999) NSWCCA 287; 47 NSWLR 405 R v Van Dyke [2000] NSWCCA 67 R v Whyte (2006) NSWCCA 75 The Queen v Perry (No 4) 1981 28 SASR 119
TEXTS CITED: Cross on Evidence (Third Australian Edition)
PARTIES: Shane John Partington (Appellant) The Crown
FILE NUMBER(S): CCA 2005/3015
COUNSEL: D A Marr (Appellant) V Lydiard (Crown)
SOLICITORS: R Cummins (Appellant) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 2005/1393
LOWER COURT JUDICIAL OFFICER: Mathews AJ
LOWER COURT DATE OF DECISION: 16 May 2006
IN THE COURT OF CRIMINAL APPEAL 2005/3015
McCLELLAN CJ at CL GROVE J R A HULME J
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