Clark v R [2014] NSWCCA 236

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Clark v R [2014] NSWCCA 236 Hearing dates: 14 July 2014 Decision date: 30 October 2014 Before: Leeming JA at [1]; Price J at [93]; McCallum J at [94] Decision: 1. Leave to raise proposed grounds 4.2 and 5 refused. 2. Otherwise grant leave to appeal. 3. Appeal dismissed. 4. Application to reopen dismissed. Catchwords: CRIMINAL LAW - appeal against conviction - perverting the course of justice - appellant claimed to have sound recordings of police officers soliciting a bribe - in civil proceedings the appellant was directed to produce the sound records, but failed to do so, leading to his being charged - whether failure to call officer said to have been recorded led to a miscarriage of justice - whether failure to comply with Crown's duty of disclosure - whether error in appellant's criminal record being placed before the jury - whether other alleged errors led to miscarriage of justice - appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 61A(1), 61M Criminal Appeal Rules (NSW), r 4 Listening Devices Act 1984 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW), s 8 Cases Cited: Carney v R; Cambey v R [2011] NSWCCA 223; 217 A Crim R 201 Clark v State of New South Wales [2006] NSWSC 673; 66 NSWLR 640 Clark v State of New South Wales [2012] NSWCA 139 Clark v State of New South Wales; Clark v Robards [2014] NSWSC 742 Ekermawi v Harbour Radio Pty Ltd [2013] NSWCA 54 R v Gidley (1984) 3 NSWLR 168 Category: Principal judgment Parties: Peter Frederick Clark (Applicant) Crown (Respondent) Representation: Counsel: Self-represented (Applicant) J Girdham SC (Crown) Solicitors: Self-represented (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2008/62317 Decision under appeal Date of Decision: 2011-08-31 00:00:00 Before: Freeman DCJ File Number(s): 2008/62317