Donai v R [2011] NSWCCA 173

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Donai v R [2011] NSWCCA 173 Hearing dates: 16 March 2011 Decision date: 05 August 2011 Before: McClellan CJ at CL at [1] Blanch J at [101] Hislop J at [102] Decision: 1. Appeal against conviction upheld and conviction quashed. 2. Order a new trial. Catchwords: CRIMINAL - conviction appeal - murder - tape recorded conversations between appellant and undercover operatives - failure of counsel to address admissibility question at trial - evidence wholly prejudicial - appeal upheld - conviction quashed and new trial ordered. Legislation Cited: Criminal Appeal Act 1912 Cases Cited: Edwards v The Queen (1993) 178 CLR 193 R v Murray (1987) 11 NSWLR 12 R v Hill [2006] VSCA 41 Rend v R (2006) NSWCCA 41 Steer v R (2008) NSWCCA 295 TKWJ v The Queen 212 CLR 124 Tofilau v The Queen [2007] HCA 39; 231 CLR 396 Zoneff v The Queen [2000] 200 CLR 234 Category: Principal judgment Parties: Terry Mark Donai (Appellant) The Crown Representation: M C Ramage QC (Appellant) D Arnott SC (Crown) Jeffreys & Associates (Appellant) Director of Public Prosecutions (Crown) File Number(s): 2007/1450 Decision under appeal Date of Decision: 2008-05-23 00:00:00 Before: Fullerton J File Number(s): 2007/1450