Raymond George MORGAN v R [2011] NSWCCA 257

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Raymond George MORGAN v R [2011] NSWCCA 257 Hearing dates: 15 February 2011 Decision date: 01 December 2011 Before: Beazley JA at [1], Hidden J at [31], Harrison J at [155 ] Decision: Appeal allowed in part. Conviction on count 2 quashed, verdict of acquittal entered. Convictions on counts 3 and 4 quashed, (by majority) new trial ordered. Catchwords: CRIMINAL LAW - appeal against conviction - charges of stealing, receiving motor vehicle - verdict of guilty of receiving - evidence as consistent with stealing as receiving - conviction of receiving unreasonable BODY MAPPING EVIDENCE - armed robbery (2) - whether appellant one of two robbers depicted in CCTV footage - evidence of anatomist of similarities between person depicted in footage and photos of appellant - inadmissible as expert evidence Legislation Cited: Crimes Act 1900 Evidence Act 1995 Cases Cited: MFA v R [2002] HCA 53; 213 CLR 606 M v The Queen [1994] HCA 63; (1994) 181 CLR 487 R v McCarthy and Ryan (1993) 71 A Crim R 395 R v Tang [2006] NSWCCA 167, 65 NSWLR 681 Murdoch v The Queen [2007] NTCCA 1, 167 A Crim R 329 Smith v The Queen [2001] HCA 50, 206 CLR 650 Category: Principal judgment Parties: Raymond George Morgan (appellant) Regina (respondent) Representation: Counsel J Stratton SC (appellant) J Girdham (respondent) Solicitors Takchi & Associates (appellant) S Kavanagh - Solicitor for Public Prosecutions (respondent) File Number(s): 2008/20396 Decision under appeal Date of Decision: 2009-12-15 00:00:00 Before: Knox DCJ File Number(s): 08/11/1384