Nassr v R [2015] NSWCCA 284

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nassr v R [2015] NSWCCA 284 Hearing dates: 04 November 2015 Date of orders: 04 November 2015 Decision date: 17 November 2015 Before: Meagher JA; Rothman J; Bellew J Decision: 1. Amend order 2 made on 4 November 2015 to read: "2. Allow the appeal in relation to the applicant's conviction on count 1, quash that conviction and direct a judgment of acquittal be entered in relation to that count." 2. Revoke order 3 made on 4 November 2015. 3. Grant leave to the parties to apply to set aside or vary order 1 above, any such application to be made within seven days of the date of this order. Catchwords: CRIMINAL LAW – conviction – leave to appeal out of time – miscarriage of justice – offence of breaking and entering dwelling-house and committing serious indictable offence "therein" in circumstances of aggravation under s 112(2) of Crimes Act 1900 (NSW) – serious indictable offence not committed in dwelling-house – agreed facts cannot in law support conviction of offence charged – error conceded by Crown Legislation Cited: Crimes Act 1900 (NSW), ss 4, 112 Criminal Appeal Act 1912 (NSW), ss 5(1), 6, 12(2) Crimes (Sentencing Procedure) Act 1999 (NSW), s 53A(1) Cases Cited: R v Liberti (1991) 55 A Crim R 120 R v Pedrana [2001] NSWCCA 66; 123 A Crim R 1 Category: Principal judgment Parties: Edward Nassr (Applicant) Regina (Crown) Representation: Counsel: Robyn Burgess (Applicant) Natalie Adams SC with Michelle Rabsch (Crown)