NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: CRYER, Jamie Oliver v R [2010] NSWCCA 18
HEARING DATE(S): 8 February 2010
JUDGMENT DATE: 10 March 2010
JUDGMENT OF: McClellan CJatCL at 1; Howie J at 2; Harrison J at 3
DECISION: 1. Leave to appeal refused. 2. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - conviction appeal - charge of maliciously inflict grievous bodily harm contrary to s 35(1)(b) Crimes Act 1900 – whether trial judge erred in his directions on malice - whether jury properly or adequately directed as to concept of recklessness – where failure by defence counsel to seek redirection - rule 4 of Criminal Appeal Rules – leave to appeal refused - appeal dismissed
LEGISLATION CITED: Criminal Appeal Act 1912 Criminal Appeal Rules
CATEGORY: Principal judgment
Chamberlain v R (1983) 46 ALR 493 Domican v The Queen [1992] HCA 13; (1992) 173 CLR 555 Kural v The Queen [1987] HCA 16; (1987) 162 CLR 502 Mencarious v R [2008] NSWCCA 237; 189 A Crim R 219 Pengilley v R [2006] NSWCCA 163 R v Chai [2002] HCA 12; (2002) 76 ALJR 628 CASES CITED : R v Coleman (1990) 19 NSWLR 467 R v Cunningham [1957] 2 QB 396 R v Dudko [2002] NSWCCA 336; (2002) 132 A Crim R 371 R v Mowatt [1968] 1 QB 421 R v Stokes and Difford (1990) 51 A Crim R 25 Tripodina & Morabito (1988) 35 A Crim R 183 Williams (1990) 50 A Crim R 213
PARTIES: Jamie Oliver Cryer (Appellant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/9329
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