Christian v R [2012] NSWCCA 34

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Christian v R [2012] NSWCCA 34 Hearing dates: 12 October 2011 Decision date: 16 March 2012 Before: McClellan CJ at CL at [1] Latham J at [96] Harrison J at [97] Decision: 1. Leave to appeal granted. 2. Appeal allowed. 3. Convictions quashed and a new trial ordered. Catchwords: CRIMINAL LAW - appeal - conviction - evidence - decision of trial judge to not permit cross examination on the basis of relevance - where evidence may have been relevant in a manner not put by trial counsel - no error demonstrated. CRIMINAL LAW - appeal - conviction - directions - failure to direct the jury regarding alleged admissions - where conduct, demeanour and failure to deny accusations are relied upon as evidence of guilt - failure to direct jury on how evidence could be utilised in relation to particular offences. CRIMINAL LAW - appeal - conviction - directions - failure properly to direct the jury in relation to statements of complainant in recorded conversations with the appellant. Legislation Cited: Evidence Act 1995 Criminal Appeal Rules Cases Cited: AK v The State of Western Australia [2008] HCA 8; (2008) 232 CLR 438 Barca v The Queen [1975] HCA 42; (1975) 133 CLR 82 DJF v The Queen [2011] NSWCCA 6 Edwards v The Queen [1993] HCA 63; (1993) 178 CLR 193 HM v The Queen [2008] HCA 16; (2008) 235 CLR 334 McGuiness v State of New South Wales [2009] NSWSC 40; [2009] 73 NSWLR 104 Papakosmas v The Queen [1999] HCA 37;(1999) 196 CLR 297 Qualtieri v The Queen [2006] NSWCCA 95; (2006) 171 A Crim R 463 R v Barrett [2007] VSCA 95; (2007) 171 A Crim R 315 R v MMJ [2006] VSCA 226, (2006) 166 A Crim R 501 R v ON [2009] QCA 62 Rolfe v The Queen [2007] NSWCCA 155; (2007) 173 A Crim R 168 Wakeley v The Queen [1990] HCA 23; (1990) 93 ALR 79 Wayne Lawrence Pty Ltd v Hunt [1999] NSWSC 1044 Weiss v The Queen [2005] HCA 81; (2005) 224 CLR 300 Category: Principal judgment Parties: Warren Leslie Christian (appellant) The Crown Representation: Counsel: S J Odgers SC/M J Smith (Appellant) S Dowling (Crown) Solicitors: Smith Reid Attorneys (Appellant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/61455 Decision under appeal Date of Decision: 2011-01-28 00:00:00 Before: Hock DCJ File Number(s): 2009/61455