Chime v R [2014] NSWCCA 304

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chime v R [2014] NSWCCA 304 Hearing dates: 6 August 2014 Decision date: 17 December 2014 Before: Bathurst CJ at [1] Adams J at [2] R A Hulme J at [104] Decision: 1.Appeal against conviction dismissed; 2.Leave to appeal against sentence granted; 3.Appeal against sentence dismissed except as to the sentence imposed in respect of count 6. 4.The sentence imposed in respect of count 6 quashed and, in lieu thereof, a sentence of 2 years to be imposed commencing on 29 February 2012 and ending on 28 February 2014. Catchwords: CRIMINAL LAW - appeal - appeal against conviction - whether trial judge directed jury to find that offender was person in photographic evidence - whether juror fell asleep during trial - whether facilities for jury deliberation induced poor judgment - whether jury induced to give verdict before prepared to do so - whether trial judge erred in directing offender to answer questions in English - effect of interpreter falling asleep during trial - whether offender's legal representative mistaken or negligent in failing to call witnesses - whether absence of certain evidence occasioned miscarriage of justice

CRIMINAL LAW - appeal - appeal from sentence - whether sentence manifestly excessive - whether inappropriate weight accorded to offender's psychological condition - whether offender's status as first-time offender accorded adequate weight - whether sentencing judge failed to consider offender's mental health history and family circumstances Legislation Cited: Criminal Code Act 1995 (Cth), ss 307.2(1), 11.2(1), 400.4(1) Cases Cited: Gallagher v The Queen (1986) 160 CLR 392 Mickelberg v The Queen (1989) 167 CLR 259 R v Abou-Chabake [2004] NSWCCA 356; 149 A Crim R 417 Salmon v R [2012] NSWCCA 119 Category: Principal judgment Parties: Uchenna Jude Chime (Applicant) Regina (Respondent) Representation: Counsel: I D Bourke SC (Respondent) Solicitors: Self-represented (Applicant) Director of Public Prosecutions (Cth) (Respondent) File Number(s): 2011/161270; 2011/166427 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-07-18 00:00:00 Before: Tupman DCJ File Number(s): 2011/161270; 2011/166427