Cooper v Regina [2011] NSWCCA 258

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cooper v Regina [2011] NSWCCA 258 Hearing dates: 17 and 18 February, 15 April 2011 Decision date: 05 December 2011 Before: Beazley JA at [1]; Hidden J at [258]; R A Hulme J at [261] Decision: Appeal against conviction dismissed. Catchwords: CRIMINAL LAW - verdict - appeal against conviction - whether conduct of trial by counsel resulted in miscarriage of justice - trial counsel failed to lead medical evidence of deceased's mental health - trial counsel failed to cross-examine on material in medical records - trial counsel failed to call witnesses - whether appellant lost an opportunity of acquittal that was fairly open to the jury - no reasonable explanation for trial counsel's failure to lead medical evidence and cross-examine on medical records - reasonable explanation for failure to call witnesses - no miscarriage of justice - appeal dismissed

CRIMINAL LAW - joint criminal enterprise - whether trial judge erred in leaving a joint criminal enterprise open to the jury as an alternative basis for liability - no evidence to support a joint criminal enterprise - trial judge wrongly put the alternative case on joint criminal enterprise to the jury

CRIMINAL LAW - verdict - appeal against conviction - directions of trial judge - whether trial judge erred in directions on self-defence and defence of another - whether trial judge erred in directing the jury in relation to admission by witness Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Evidence Act 1995 Cases Cited: Dasreef Pty Ltd v Hawchar [2011] HCA 21 Garrett v R [1977] HCA 67; 139 CLR 437 Gilham v Regina [2007] NSWCCA 323; 178 A Crim R 72 HG v R [1999] HCA 2; 197 CLR 414 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; 52 NSWLR 705 Markby v R [1978] HCA 29; 140 CLR 108 Matusevich v R [1977] HCA 30; 137 CLR 633 McAuliffe v The Queen [1995] HCA 37; 183 CLR 108 Nudd v R [2006] HCA 9; 80 ALJR 614 Osland v R [1998] HCA 75; 197 CLR 316 Paric v John Holland (Constructions) Pty Ltd [1985] HCA 58; 59 ALJR 844 R v Carroll [2002] HCA 55; 213 CLR 635 R v Tangye (1997) 92 A Crim R 545 Rogers v R [1994] HCA 42; 181 CLR 251 TKWJ v The Queen [2002] HCA 46; 212 CLR 124 Washer v The State of Western Australia [2007] HCA 48 Weiss v R [2005] HCA 81; 224 CLR 300 Texts Cited: Brett, Waller and Williams, Criminal Law, 8th ed Category: Principal judgment Parties: Bradley Cooper (Appellant) Regina (Respondent) Representation: T A Game SC, S Buchen (Appellant) D Arnott SC (Respondent) Legal Aid (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2004/2297 Publication restriction: Restricted due to re-trial of Bradley Cooper 2004/2297 to commence on 25 November 2013. Decision under appeal Citation: R v Bradley Douglas Cooper [2005] NSWSC 791 Date of Decision: 2005-09-05 00:00:00 Before: Buddin J File Number(s): SC 2004/46