SINGH, Brendon v R [2011] NSWCCA 100

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SINGH, Brendon v R [2011] NSWCCA 100 Hearing dates: 20 September 2010 Decision date: 28 April 2011 Before: Latham J at 1 Rothman J at 2 Price J at 141 Decision: The appeal is dismissed. Catchwords: CRIMINAL LAW - appeal - unreasonable verdict - alibi evidence - requirement to disprove alibi beyond reasonable doubt - requirement to prove guilt to requisite standard as well - inconsistency between evidence of stabbing and alibi evidence - advantage of jury seeing and hearing testimony - verdict not unreasonable Cases Cited: M v R [1994] HCA 63; (1994) 181 CLR 487 R v Rasic [2009] NSWCCA 202 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (In Liq) [1999] HCA 3; (1999) 160 ALR 588; (1999) 73 ALJR 306 The Queen v Nguyen [2010] HCA 38; (2010) 85 ALJR 8 Category: Principal judgment Parties: Brendon Singh (Appellant) Regina (Respondent) Representation: Counsel: G Brady / M McMahon (Appellant) J Pickering (Respondent) Solicitors: Nyman Gibson Stewart (Appellant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2008/13305 Decision under appeal Date of Decision: 2009-10-23 00:00:00 Before: Solomon DCJ File Number(s): 2008/13305

Judgment 1LATHAM J : I agree with Rothman J. 2ROTHMAN J : The appellant, Brendon Singh, was found guilty by a jury of malicious wounding and was sentenced by a judge of the District Court to a total sentence of 2 years and 6 months including a non-parole period of 1 year and 3 months. At the time of the hearing of the appeal, the non-parole period had concluded and the appeal concerned conviction only. The sole ground of the appeal was that the verdict of the jury was unreasonable and/or cannot be supported having regard to the evidence.