Majok v R [2015] NSWCCA 160

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Majok v R [2015] NSWCCA 160 Hearing dates: 20 April 2015 Decision date: 19 June 2015 Before: Hoeben CJ at CL at [1]; Hall J at [2]; R A Hulme J at [3] Decision: 1. Time to file Notice of Application for Leave to Appeal extended to 19 January 2015. 2. Leave to appeal against conviction refused. Catchwords: CRIMINAL LAW – appeal against conviction - function and duty of trial judge in summing up to jury – contention that trial judge expressed agreement with matters favourable to Crown and continuously undermined defence arguments causing unfair trial and miscarriage of justice – need to consider in context of entire summing up - single complaint raised at trial on point lacking merit – other complaints raised for first time on appeal – leave to appeal refused Cases Cited: Domican v The Queen [1992] HCA 13; 173 CLR 555 R v Heuston (1995) 81 A Crim R 387 R v Meher [2004] NSWCCA 355 R v Sukkar [2005] NSWCCA 54 R v Zorad (1990) 19 NSWLR 91 Robinson v R [2006] NSWCCA 192; 162 A Crim R 88 RPS v The Queen [2000] HCA 3; 199 CLR 620 Category: Principal judgment Parties: Kachuol Majok (Applicant) Regina (Respondent) Representation: Counsel: Mr P Lange (Applicant) Mr K McKay (Crown)

Solicitors: Hanna Legal Solicitor for Public Prosecutions File Number(s): 2009/243170 Decision under appeal Court or tribunal: District Court Date of Decision: 28 March 2013 Before: Bennett SC DCJ File Number(s): 2009/243170