Czako v R [2015] NSWCCA 202

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Czako v R [2015] NSWCCA 202 Hearing dates: 2 July 2014 Date of orders: 03 August 2015 Decision date: 03 August 2015 Before: Hoeben CJ at CL at [1] Harrison J at [2] McCallum J at [3] Decision: To the extent that leave to appeal is required, leave is granted except in respect of ground 9. The appeal is dismissed. Catchwords: CRIMINAL LAW – appeal – conviction – evidence – whether verdict unreasonable or unsupported by evidence – whether trial judge erred in directions to jury – whether trial miscarried where Crown addressed jury in closing on a point not put to the applicant in cross-examination – whether evidence should have been excluded under s 90 of the Evidence Act – whether trial judge erred in admission of evidence from police expert on illicit drug trade – whether trial judge erred in failing to give a warning as to the potential unreliability of police expert's evidence under s 165 of the Evidence Act Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 12 Crimes Act 1900 (NSW), ss 93S, 93T, 193B Crimes Amendment (Consorting and Organised Crime) Act 2012 (No 3) Criminal Appeal Act 1912 (NSW), ss 5, 6 Evidence Act 1995 (NSW), ss 90, 137, 165 Cases Cited: Browne v Dunn [1989] VR 845 Clarke v R [2014] NSWCCA 236 El Haddad v R [2015] NSWCCA 10 Ex parte Coffey; Re Evans & anor [1971] 1 NSWLR 434 Golossian v R [2013] NSWCCA 311 Keller v R [2006] NSWCCA 204 Libke v R [2007] HCA 30; 230 CLR 559 M v R [1994] HCA 63; 181 CLR 487 Nasrallah v R [2015] NSWCCA 188 R v Burton [2013] NSWCCA 335 SKA v R [2011] HCA 13; 243 CLR 400 Smith v R [2001] HCA 50; 206 CLR 650 Category: Principal judgment Parties: Tamas Czako (applicant) Regina (respondent) Representation: Counsel: Dr B Glennon (applicant) Ms T Smith (respondent)