Clarke v R [2012] NSWCCA 272

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Clarke v R [2012] NSWCCA 272 Hearing dates: 27 November 2012 Decision date: 14 December 2012 Before: Hoeben JA at [1] Davies J at [93] S Campbell J at [94] Decision: Leave to appeal be refused in respect of ground of appeal 1. Grounds of appeal 2 and 3 dismissed. The hearing of the application for leave to appeal against sentence is stood over to a date to the Registrar's next call over. Catchwords: CRIMINAL LAW - conviction appeal - five counts of "break and enter premises and commit a serious indictable offence" - adequacy of "Black direction" - whether inappropriate pressure exerted on jury - whether Crown negatived the defence of duress - whether trial miscarried by reason of inappropriate remarks by Crown prosecutor - direction to jury appropriate in the circumstances - sufficient evidence to negative duress - minor errors by Crown prosecutor in address which did not "warrant interference" with the appellant's convictions - appeal dismissed. Legislation Cited: Criminal Appeal Rules - r 4 Cases Cited: Gonzales v Regina [2007] NSWCCA 321; 178 A Crim R 232 Ingham v R [2011] NSWCCA 88 McKey v R [2012] NSWCCA 1 Ngati v R [2008] NSWCCA 3; 180 A Crim R 384 SKA v The Queen [2011] HCA 13; 243 CLR 400 Whitehorn v R [1983] HCA 42; 152 CLR 657 Category: Principal judgment Parties: Michael Clarke - Appellant Regina - Respondent Crown Representation: Counsel: Ms D Hawkins - Applicant Ms M Cinque - Respondent Crown Solicitors: Australian Criminal Law Specialists - Applicant Mr S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2009/210610 Decision under appeal Date of Decision: 2011-07-21 00:00:00 Before: Williams DCJ File Number(s): 2009/210610