NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Bianca Shandell SANTO v R [2009] NSWCCA 269
HEARING DATE(S): 19 June 2009
JUDGMENT DATE: 5 November 2009
JUDGMENT OF: Young JA at 1; Hidden J at 9; Latham J at 52
DECISION: Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against conviction - robbery in company - whether miscarriage of justice arising from Crown's refusal to call co-offender as a witness - co-offender pleaded guilty to lesser offence - called as witness in defence case - whether evidence admissible of offence to which he pleaded guilty - whether jury should have been discharged after appellant revealed that she had been in custody otherwise than in relation to offence charged
LEGISLATION CITED: Evidence Act 1995
CATEGORY: Principal judgment
The Queen v Apostilides (1984) 154 CLR 563 Richardson v The Queen (1974) 131 CLR 116 R v Kneebone [1999] NSWCCA 279, 47 NSWLR 450 Kanaan & Ors v R [2006] NSWCCA 109 CASES CITED : R v Booth [1982] 2 NSWLR 847 R v Howard & Ors (1992) 29 NSWLR 242 Hui Chi-Ming v The Queen [1992] 1 AC 34 R v Marsland (NSWCCA, unreported, 17 July 1991) Qing An v R [2007] NSWCCA 53
PARTIES: Bianca Shandell SANTO (Appellant) REGINA (Crown)
FILE NUMBER(S): CCA 2007/15124
COUNSEL: J Hickleton (Appellant) J Dwyer (Crown)
SOLICITORS: George Sten & Co (Appellant) S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2007/15124
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
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