Tuncbilek v R [2012] NSWCCA 224

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tuncbilek v R [2012] NSWCCA 224 Hearing dates: 12/09/2012 Decision date: 24 October 2012 Jurisdiction: Criminal Before: McClellan CJ at CL at [1] Johnson J at [2] Garling J at [3] Decision: (1) Extend time for the filing of an application for leave to appeal to 23 March 2012. (2) Grant leave to appeal. (3) Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against conviction - appellant convicted of armed robbery - whether Judge failed to give jury proper direction about circumstantial evidence and use of coincidence evidence - whether inappropriate for Crown not to lead evidence of biometric measurement of height - whether the conviction is unreasonable or cannot be supported, having regard to all the evidence Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Evidence Act 1995 Weapons Prohibition Act 1998 Cases Cited: M v R [1994] HCA 63; (1994) 181 CLR 487 Morris v R [1987] HCA 50; (1987) 163 CLR 454 SKA v R [2011] HCA 13; (2011) 243 CLR 400 Wood v R [2012] NSWCCA 21 Category: Principal judgment Parties: Tarkan Tuncbilek (Appellant) Crown (Respondent) Representation: Self (Appellant) T Smith (Respondent) Self (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/208112 Decision under appeal Date of Decision: 2010-11-03 00:00:00 Before: Flannery DCJ File Number(s): 2009/208112