Malicki v R; R v Malicki [2015] NSWCCA 162

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Malicki v R; R v Malicki [2015] NSWCCA 162 Hearing dates: 13 May 2015; last written submissions 22 May 2015 Decision date: 25 June 2015 Before: Leeming JA at [1]; Johnson J at [74]; Beech-Jones J at [75] Decision: In the appeal against conviction:

1. Refuse leave in respect of grounds 1 and 2.

2. Appeal dismissed.

In the Crown appeal:

1. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against conviction - appellant convicted of causing injury to a person believed to be a witness in judicial proceedings - Crimes Act 1900 (NSW), s 326(2) - trial judge misdirected jury as to elements of offence - counsel made no objection during trial - misdirection favourable to accused - no miscarriage of justice - appeal dismissed

CRIMINAL LAW - Crown appeal against sentence - Crown abandoned reliance on much of the criminal conduct - no error in sentencing on basis put to sentencing judge by the Crown - no tailoring of sentence - sentence not an "affront to justice" or "plainly unjust" - Crown appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 7, Part 5 Crimes Act 1900 (NSW), s 326 Criminal Appeal Act 1912 (NSW), ss 5, 5D, 6 Criminal Legislation Amendment Act 1995 (NSW) Criminal Appeal Rules, r 4 Cases Cited: Gordon v R [2009] NSWCCA 72 Kural v The Queen (1987) 162 CLR 502 Linney v R [2013] NSWCCA 251 Marinellis v R [2006] NSWCCA 307 Panchal v R; R v Panchal [2014] NSWCCA 275 Polley v Johnson [2014] NSWSC 1191 R v Cahill [2015] NSWCCA 53 R v Harris [2015] NSWCCA 81 R v Lansdell (Court of Criminal Appeal (NSW), Gleeson CJ, Finlay and Simpson JJ, 22 May 1995, unrep) R v Linney [2012] NSWSC 1564 R v Schaffer [2005] NSWCCA 193; 153 A Crim R 372 SKA v The Queen [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: Carla Hendrina Malicki (Appellant/Cross-respondent) Crown (Respondent/Cross-appellant) Representation: Counsel: G P Craddock SC (Appellant/Cross-respondent) N Williams (Respondent/Cross-appellant)