Da Silva v R [2012] NSWCCA 129

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Da Silva v R [2012] NSWCCA 129 Hearing dates: 9 May 2012; reasons 29/05/2012 Decision date: 09 May 2012 Before: Whealy JA, Hidden J, Schmidt J Decision: (1) An order that the time for bringing the applicant's appeal be extended. (2) An order that the two convictions against the appellant be set aside. (3) An order that there be a new trial on both counts in the indictment. Catchwords: CRIMINAL LAW - appeal - conviction - miscarriage of justice - fresh evidence - statements not known to accused at time of trial - statements made after trial by Crown witness - likelihood that jury would have arrived at a different verdict. Cases Cited: - R v Abou-Chabake [2004] NSWCCA 356; 149 A Crim R 417 Category: Principal judgment Parties: Rodney Rodrigues Da Silva (Applicant) Crown (Respondent) Representation: Counsel: Dr S. Bogan (Applicant) Ms N. Noman (Respondent) I.D. Bourke (Intervenor: NSW Commissioner of Police) Solicitors: CrimLaw (NSW) Pty Ltd (Applicant) Director of Public Prosecutions (Respondent) Crown Solicitor's Office (Intervenor) File Number(s): 2007/009452 Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-06-18 00:00:00 Before: Woods QC DCJ

Judgment 1THE COURT: On 9 May 2012, this Court heard an appeal by Rodney Rodrigues Da Silva ("the appellant") against his conviction, and a Crown appeal asserting manifest inadequacy in the sentence imposed upon him. 2At the conclusion of the hearing, the Court made the following orders: (1) An order that the time for bringing the applicant's appeal be extended. (2) An order that the two convictions against the appellant be set aside. (3) An order that there be a new trial on both counts in the indictment. 3Later on the same day, in Chambers, the Court dismissed the Crown appeal against sentence. These are the reasons of the Court for the orders that were made.