TIMMIS, Michael Anthony v R [2013] NSWCCA 240

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: TIMMIS, Michael Anthony v R [2013] NSWCCA 240 Hearing dates: 6 May 2013 Decision date: 31 October 2013 Before: Bathurst CJ at [1]; Fullerton J at [71]; Campbell J at [72] Decision: Grant leave to appeal but appeal dismissed. Catchwords: APPEAL - criminal law - conviction - controlled operation pursuant to Law Enforcement (Controlled Operations) Act 1997 - admissibility of evidence - disclosure of evidence. Legislation Cited: Criminal Appeal Rules, r 4 Evidence Act 1995, ss 128, 138 Law Enforcement (Controlled Operations) Act 1997, s 5 Cases Cited: R v Kneebone [1999] NSWCCA 279; (1999) 47 NSWLR 450 R v Lanteri (1985) 4 NSWLR 359 Category: Principal judgment Parties: Michael Anthony Timmis (Applicant) Crown (Respondent) Representation: Counsel: In person (Applicant) R A Herps (Crown) Solicitors: In person (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/70990 Publication restriction: No Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-08-13 00:00:00 Before: Bozic SC DCJ File Number(s): 2009/70990

Judgment 1BATHURST CJ: Michael Anthony Timmis (the applicant) was arraigned on 8 February 2010 on the following five counts: (i) Between 27 February and 30 March 2009 at Campbelltown and elsewhere in the State of New South Wales did conspire with Dean Michael Rose and Ronald Edwin Goulding, to rob the manager of the Campsie RSL Club Limited, of a sum of money, the property of Campsie RSL Club Limited and to do so while armed with a dangerous weapon. (ii) On 30 March 2009 at Campsie in the State of New South Wales was armed with a weapon, namely, an imitation Colt self loading pistol with intent to commit an indictable offence, namely, robbery while armed with a dangerous weapon. (iii) On 30 March 2009 at Campsie in the State of New South Wales did possess a prohibited weapon, namely, an imitation Colt self loading pistol without being authorised to do so by a permit. (iv) On 30 March 2009 at Campsie in the State of New South Wales had in his possession, without lawful excuse, an implement of housebreaking, namely a jemmy bar. (v) On 30 March 2009 at Campsie in the State of New South Wales had in his possession the means of disguising his face, namely a balaclava, with intent to commit an indictable offence, namely robbery armed with a dangerous weapon. 2Following a trial at which the applicant was represented by counsel, he was convicted by a jury on Counts 1, 2, 3 and 5. He was sentenced on 13 August 2010 to a total effective sentence of seven years with an effective non-parole period of five years and three months. 3The applicant appeals against his conviction. 4As the grounds of appeal involve questions of mixed fact and law, leave of the Court to appeal is required and has not been sought. However, no point is taken by the Crown and in the circumstances leave should be granted.