INEGBEDION, Meredith v R [2013] NSWCCA 291

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: INEGBEDION, Meredith v R [2013] NSWCCA 291 Hearing dates: 20/05/2013 Decision date: 22 November 2013 Before: Hoeben CJ at CL at 1 Rothman J at 2 McCallum J at 60 Decision: (1) To the extent necessary, leave to appeal is granted; (2) Appeal dismissed. Catchwords: CRIMINAL LAW - Commonwealth Code - attempt - necessity for conduct that is a step towards the commission of an offence and is beyond that which is merely preparatory together with a state of mind or intention to commit the crime - conduct must be such as cannot reasonably be regarded as having any other purpose than the commission of the offence charged - necessity to direct on the two separate aspects of the crime, conduct and intent - error in insufficiently separating the two aspects - not an unreasonable verdict - no substantial miscarriage of justice has occurred - appeal dismissed. Legislation Cited: Criminal Appeal Act 1912 Criminal Code Act 1995 (Cth) Cases Cited: Britten v Alpogut [1987] VR 929 Davey v Lee [1968] 1 QB 366 Gillard v R [2003] HCA 64; (2003) 219 CLR 1 Giorgianni v R [1985] HCA 29; (1985) 156 CLR 473 He Kaw Teh v R [1985] HCA 43; (1985) 157 CLR 523 Huynh v The Queen [2013] HCA 6; (2013) 87 ALJR 434 Knight v R [1992] HCA 56; (1992) 175 CLR 495 M v R [1994] HCA 63; (1994) 181 CLR 487 MFA v R [2002] HCA 53; (2002) 213 CLR 606 Onuorah v R [2009] NSWCCA 238 Singh v R [2011] NSWCCA 100 SKA v The Queen [2011] HCA 13; (2011) 243 CLR 400 Weiss v The Queen [2005] HCA 81; (2005) 224 CLR 300 Category: Principal judgment Parties: Meredith Inegbedion (Appellant) Crown (Respondent) Representation: Counsel: B Neild (Appellant) C P O'Donnell (Respondent) Solicitors: Nyman Gibson Stewart Solicitors (Appellant) Director of Public Prosecutions (Cth) (Respondent) File Number(s): 2010/299022 Publication restriction: None Decision under appeal Date of Decision: 2012-04-03 00:00:00 Before: Puckeridge DCJ File Number(s): 2010/299022