RWC v R [2013] NSWCCA 58

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RWC v R [2013] NSWCCA 58 Hearing dates: 10 December 2012 Decision date: 13 March 2013 Before: McClellan CJ at CL at 1 Latham J at 2 Adamson J at 84 Decision: 1. Leave to appeal granted 2. Appeal allowed 3. The convictions on counts 3 and 4 are quashed 4. Set aside the sentences imposed by O'Connor QC DCJ on 4 November 2011 5. Order a new trial on counts 3 and 4 Catchwords: APPEAL - appeal against conviction - unreasonable verdict - Criminal Appeal Act 1912 (NSW), s 6(1) - failure to give direction to jury - no inconsistency between "guilty" and "not guilty" verdicts in relation to multiple counts - jury's verdict not unreasonable - appellant denied a the chance of an acquittal on all counts by absence of a Markuleski direction - appellant denied right to a fair trial - leave to appeal granted on second ground of appeal - convictions quashed. Legislation Cited: Criminal Appeal Act 1912 Criminal Appeal Rules (NSW) Cases Cited: AE v R [2008] NSWCCA 52 DF v R [2012] NSWCCA 171 Jones v The Queen [1997] HCA 56 ; 191 CLR 439 M v R [1994] HCA 63; (1994) 181 CLR 487 MFA v The Queen [2002] HCA 53; 213 CLR 606 R v Ford [2006] QCA 142 R v Markuleski [2001] NSWCCA 290; 52 NSWLR 82 RWC v R [2010] NSWCCA 332 Category: Principal judgment Parties: RWC - (Applicant) Regina - (Respondent Crown) Representation: Counsel JA Griffin QC / AC Smith - (Applicant) N Noman SC - (Repondent Crown) Solicitors WE Kable - (Applicant) S Kavanagh - Solicitor for Public Prosecutions - (Respondent Crown) File Number(s): 2008/00017646016 Decision under appeal Date of Decision: 2011-11-11 00:00:00 Before: CE O'Connor QC DCJ File Number(s): 2008/00017646016