R v Orchard [2013] NSWCCA 342

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Orchard [2013] NSWCCA 342 Hearing dates: 24 May 2013 Decision date: 24 December 2013 Before: Rothman J; Fullerton J; Beech-Jones J Decision: (1) Leave to raise ground 4 of the conviction appeal granted. (2) Leave to raise grounds 3 and 5A of the conviction appeal refused. (3) The appeal against the appellant's conviction on 12 August 2011 dismissed. (4) Leave to appeal against the sentence imposed on 12 August 2011 granted; and (5) The appeal against the sentence imposed on 12 August 2011 dismissed. Catchwords: CRIMINAL LAW - conviction appeal - from judge alone trial - supply a commercial quantity of methylamphetamine - whether trial judge erred in finding independent evidence corroborative of evidence of key witness involved in criminal transaction - whether trial judge erred in failing to give warning - that corroboration was required before evidence of witness could be acted upon - Markuleski direction - whether reasons inadequate - whether conduct of trial judge rendered the trial unfair - alleged excessive intervention by trial judge in cross examination by defence counsel - critical comments made about counsel - defence counsel ultimately dismissed and withdrew from proceedings - whether verdict unreasonable and unsupported by the evidence.

CRIMINAL LAW - sentence appeal - application for leave - whether trial judge erred in approach to standard no parole period - whether insufficient weight given to mental health and other health issues of appellant - whether sentence manifestly excessive. Legislation Cited: Criminal Appeal Act 1912 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Evidence Act 1995 Cases Cited: Arun v R [2010] NSWCCA 214 Browne v Dunn (1893) 6 R 67 Cesan v R [2008] HCA 52; 236 CLR 358 DF v R [2012] NSWCCA 171 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Fleming v R [1998] HCA 68; 197 CLR 250 Giourtalis, Angelos v R [2013] NSWCCA 216 Hajje v R [2006] NSWCCA 23 Kanaan v R [2006] NSWCCA 109 Keir v R [2007] NSWCCA 149 Kho v R [2012] NSWCCA 71 Lee, Do Young v Regina; Lee, Seong Won v Regina [2013] NSWCCA 68 Langbein v R [2008] NSWCCA 38; 181 A Crim R 378 Llewellyn v R [2011] NSWCCA 66 Lysle v R [2012] NSWCCA 20 M v R [1994] HCA 63; 181 CLR 487 Morris v R [1987] HCA 50; 163 CLR 454 MWJ v R [2005] HCA 74; 80 ALJR 329 Nudd v R [2006] HCA 9; 80 ALJR 614 Perez v R [2008] NSWCCA 46 R v Birks (1990) 19 NSWLR 677 R v Markuleski [2001] NSWCCA 290; 52 NSWLR 82 R v Moffatt [2000] NSWCCA 174; 112 Crim R 201 Rasic v R [2009] NSWCCA 202 RWC v R [2013] NSWCCA 58 SKA v R [2011] HCA 13; 243 CLR 400 TKWJ v R [2002] HCA 46; 212 CLR 124 Category: Principal judgment Parties: Francis Orchard (Appellant) Crown (Respondent) Representation: Counsel: DA Marr (Appellant) M Cinque (Respondent) Solicitors: Richard Cummins (Appellant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2008/171277 Publication restriction: None Decision under appeal Date of Decision: 2011-05-19 00:00:00 Before: Norrish DCJ File Number(s): 2008/171277