Raad v R [2012] NSWCCA 268

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Raad v R [2012] NSWCCA 268 Hearing dates: 30 October 2012 Decision date: 12 December 2012 Before: Basten JA at [1]; Adams J at [91]; RA Hulme J at [92] Decision: (1) Grant the applicant leave to appeal. (2) Set aside the applicant's conviction on Count 4 and enter an acquittal in its place. (3) Direct that any further submissions in respect of sentence be filed and served according to the following timetable: (a) submissions by the applicant by 16 January 2013; (b) submissions in reply on behalf of the Director by 30 January 2013. If no further submissions are to be made in respect of sentence, the Court should be so advised within those times. (4) Otherwise dismiss the appeal. Catchwords: CRIMINAL LAW - appeal - procedure - leave to add a ground of appeal at hearing - impugned conviction carrying significant gaol sentence - whether unfairness to prosecution can be cured

CRIMINAL LAW - appeal against conviction - direction as to potential unreliability of witness - key prosecution witness was applicant's co-offender - witness received discount for assisting authorities and money - whether jury could have misunderstood basis of potential unreliability - whether direction impermissibly repeated counsel's addresses or failed to carry the authority of the law - Evidence Act 1995 (NSW), s 165

CRIMINAL LAW - appeal against conviction - inconsistency of verdicts - common purpose armed robbery, shoot with intent to murder and wound with intent to murder - jury did not convict two co-offenders - whether verdicts indicated that jury did not accept evidence of key prosecution witness - whether co-offenders involved in same acts as applicant - whether witness's evidence had same significance in case against co-offenders