Richardson v R [2013] NSWCCA 218

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Richardson v R [2013] NSWCCA 218 Hearing dates: 17 September 2013 Decision date: 27 September 2013 Before: Hoeben CJ at CL at [1] Latham J at [95] Beech-Jones J at [105] Decision: In relation to the conviction appeal, appeal dismissed. In relation to the application for leave to appeal against sentence, grant leave to appeal but dismiss the appeal. Catchwords: CRIMINAL LAW - conviction appeal - admission of evidence for non-propensity purpose - evidence relevant to motive - evidence accompanied by comprehensive direction to jury not to engage in propensity reasoning - no objection taken at trial - the same evidence relied on by defence in its case - whether evidence had to be established beyond reasonable doubt - no miscarriage of justice - APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE - whether treatment of corpse after killing relevant to seriousness of offending - whether excessive weight given to treatment of corpse after death - ground of appeal not made out. Legislation Cited: Crimes Act 1900 - s18(1)(a), s81C Crimes (Sentencing Procedure) Act 1999 - s61(1) Evidence Act 1995 - s97(1) Cases Cited: ARS v R [2011] NSWCCA 266 Cao v R [2010] NSWCCA 109 FP v R [2012] NSWCCA 182 Gebara v R [2012] NSWCCA 107 ES v R (No 1) [2010] NSWCCA 197 KJS v R [2013] NSWCCA 132 R v Baker [2000] NSWCCA 85 Knight v R [2006] NSWCCA 292; 164 A Crim R 126 R v Yeo [2003] NSWSC 315 Ryan v R [2009] NSWCCA 183 Yang v R [2012] NSWCCA 49; 219 A Crim R 550 Category: Principal judgment Parties: Neal Richardson - Appellant Regina - Respondent Crown Representation: Counsel: Ms N Carroll - Appellant Ms N Adams SC/Ms JE Davidson - Respondent Crown Solicitors: George Sten & CO - Appellant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2010/110783 Decision under appeal Before: McCallum J File Number(s): 2010/110873