Burrell v Regina [2009] NSWCCA 163

Reported Decision: 196 A Crim R 199 Appeal Outcome: Special leave refused by the High Court (s14/2010) 28 May 2010

New South Wales Court of Criminal Appeal

CITATION: Burrell v Regina [2009] NSWCCA 163 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 18 and 19 December 2008

JUDGMENT DATE: 17 June 2009

JUDGMENT OF: Beazley JA at 1; Grove J at 1; Howie J at 1

DECISION: 1. Leave to appeal is granted; 2. The appeal is dismissed.

CATCHWORDS: CRIMINAL LAW – appeal – indispensable intermediate facts and circumstantial evidence – directions to jury – whether the trial judge erred in refusing to give a direction in accordance with Shepherd v R [1990] HCA 56 - (1990) 170 CLR 573 - CRIMINAL LAW – appeal – indispensable intermediate facts and circumstantial evidence – whether verdicts unsafe and unsatisfactory, insofar as they are unreasonable and cannot be supported having regard to the evidence - CRIMINAL LAW – appeal – orders made by Court of Criminal Appeal – orders reopened after factual errors discovered in judgment – some grounds appealed to the High Court – case remitted to the Court of Criminal Appeal from the High Court – whether remitter includes grounds not appealed to the High Court - CRIMINAL LAW – appeal – evidence – witnesses – further cross-examination under the Evidence Act 1995, s 38 - whether the trial judge erred in permitting further cross-examination of particular witnesses by one party after cross-examination by the other party of those witnesses - CRIMINAL LAW – appeal – note from juror to trial judge- whether note reveals irregularity during the jury's deliberations – whether the trial judge erred in giving a direction in accordance with Black v R [1993] HCA 71 - (1993) 179 CLR 44 – whether the trial judge erred in not discharging the jury – whether the trial judge erred in failing to enquire whether there was any real prospect of the jury reaching unanimous verdicts or if the jury or any of its number required any assistance - CRIMINAL LAW – appeal – sentence – life imprisonment for murder – whether the trial judge erred in imposing a sentence of life imprisonment