Ceissman v R [2015] NSWCCA 74

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ceissman v R [2015] NSWCCA 74 Hearing dates: 3 March 2015 Decision date: 30 April 2015 Before: Leeming JA; Simpson J; Schmidt J Decision: (1) To the extent necessary, extend time to appeal and to permit reliance on the grounds of appeal identified in the notice of appeal filed 9 October 2013 and the grounds of appeal dated 10 September 2014.

(2) To the extent necessary, grant leave to appeal in respect of grounds 1, 2, 3, 5 and 6 of the notice of appeal filed 9 October 2013 and grounds 1, 3 and 4 of the grounds of appeal dated 10 September 2014, and otherwise refuse leave to appeal.

(3) Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against conviction - armed robbery - series of robberies of bowling clubs in western Sydney by masked men in a six week period - earlier decision of Court of Criminal Appeal admitting evidence of each robbery as coincidence evidence in respect of the other robberies - whether probative value of coincidence substantially outweighed its prejudicial effect - Evidence Act 1995 (NSW), s 101 - whether error in admitting DNA evidence, as to which no objection was taken at trial - whether error in Crown not asking witness who gave a general description of appellant whether he could be identified - whether jury's verdict unreasonable or unjust - appeal dismissed Legislation Cited: Criminal Appeal Act 1912 (NSW), ss 5F, 6 Criminal Appeal Rules, r 4 Evidence Act 1995 (NSW), ss 98, 101, 114 Cases Cited: Aslett v R [2009] NSWCCA 188 BCM v The Queen [2013] HCA 48; 88 ALJR 101 Libke v The Queen [2007] HCA 30; 230 CLR 559 R v Ceissman [2010] NSWCCA 50 R v Shamouil [2006] NSWCCA 112; 66 NSWLR 228 SKA v The Queen [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: Adam Stephen Ceissman (Applicant) Crown (Respondent) Representation: Counsel: Applicant (In person) T Smith (Respondent)