Brown v R [2015] NSWCCA 11

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Brown v R [2015] NSWCCA 11 Hearing dates: 3 December 2014 Decision date: 18 February 2015 Before: Basten JA at [1]; McCallum J at [46]; R A Hulme J at [47] Decision: (1)Grant the applicant leave to appeal against his conviction for the murder of Wallace Ruiz-Sanchez on 12 October 2010.

(2)Dismiss the appeal.

(3)Grant the applicant leave to appeal against the sentence imposed for the murder.

(4)Dismiss the appeal. Catchwords: CRIMINAL LAW - conviction appeal – murder – jury direction – whether direction on alternative manslaughter verdict misleading – failure to expressly identify all circumstances in which manslaughter available – whether miscarriage of justice when part of direction complained of viewed in context

CRIMINAL LAW – conviction appeal – whether conviction unreasonable or not supported by evidence – evidence that use of gun taken to the scene contemplated by participant – gun discharged in course of attack

CRIMINAL LAW – sentencing – appeal against sentence – joint criminal enterprise murder - whether the judge err in accepting equal culpability of participants – whether the appellant less culpable than co-offender directly responsible for victim's death Legislation Cited: Criminal Appeal Act 1912 (NSW) , ss 5, 6 Cases Cited: M v The Queen [1994] HCA 63; 181 CLR 487 McAuliffe v The Queen [1995] HCA 37; 183 CLR 108 The Queen v Nguyen [2010] HCA 38; 242 CLR 491 R v Brown [2013] NSWSC 1557 R v Lockett [2013] NSWSC 1555 Category: Principal judgment Parties: Carl Paul Brown (Appellant) Regina (Respondent) Representation: Counsel: Mr S Odgers SC (Appellant) Ms S Dowling SC (Respondent)