Kidd v R [2014] NSWCCA 319

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kidd v R [2014] NSWCCA 319 Hearing dates: 2 June 2014 and 12 December 2014 Decision date: 19 December 2014 Before: Ward JA at [1]; Fullerton J at [130]; Hamill J at [131] Decision: Application for leave to extend time for filing of notice of appeal refused Catchwords: CRIMINAL LAW - appeal and new trial - particular grounds of appeal - fresh evidence - general principles - appeal against conviction - whether the evidence is "fresh" - whether fresh evidence credible - whether the evidence would have been likely to have caused the jury to have entertained a reasonable doubt about the guilt of the accused

CRIMINAL LAW - appeal and new trial - procedure - notices of appeal - time for appeal and extension thereof - whether leave to appeal should be granted out of time where the prosecution does not oppose the grant of leave Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Gallagher v The Queen [1986] HCA 26; (1986) 160 CLR 392 GAR v R (No 1) [2010] NSWCCA 163 GAR v R (No 2) [2010] NSWCCA 164 GAR v R (No 3) [2010] NSWCCA 165 Kidd v R [2009] NSWCCA 229 Mickelberg v The Queen [1989] HCA 35; (1989) 167 CLR 259 R v Abou-Chabake [2004] NSWCCA 356; (2004) 149 A Crim R 417 R v Young [1999] NSWCCA 275 Ratten v The Queen [1974] HCA 35; (1974) 131 CLR 510 Category: Principal judgment Parties: Robert Douglas Kidd (Applicant) Crown (Respondent) Representation: Counsel: P Lange (Applicant) S Herbert (Respondent) Solicitors: M Bowe (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2002/00013968 Publication restriction: Nil Decision under appeal Date of Decision: 2004-07-30 00:00:00 Before: Karpin DCJ File Number(s): 2002/00127000