Parhizkar v R [2014] NSWCCA 240

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Parhizkar v R [2014] NSWCCA 240 Hearing dates: 16 July 2014 Decision date: 30 October 2014 Before: Basten JA at [1]; Price J at [73]; McCallum J at [95] Decision: (1) Leave granted to the applicant to appeal against his conviction for the offence of riot.

(2) The appeal is dismissed.

(3) Leave granted to the applicant to appeal against the sentence on the conviction for riot.

(4) The appeal is dismissed. Catchwords: CRIMINAL LAW – riot – twelve persons or more "present together" using or threatening unlawful violence – applicant used unlawful violence when protesting on the roof of a building – prosecution alleged persons on roof were "present together" with persons on the ground using or threatening unlawful violence – trial judge directed jury that "present together" meant being in the same place – whether trial judge misdirected jury as to the meaning of "present together" – whether "present together" requires physical proximity between persons – relationship between "present together" and other elements of the offence – whether persons found not guilty of riot could be amongst the 12 persons "present together" – Crimes Act 1900 (NSW), s 93B

CRIMINAL LAW – procedure – whether trial judge erred in not allowing cross-examination of a witness as to whether he had viewed footage of the events on the internet.

CRIMINAL LAW – procedure – juries – whether trial judge erred in not discharging the jury following publication of a prejudicial article – whether trial judge erred in failing to give the jury access to transcripts of counsels' addresses and the judge's summing up.