Glover v R; Stuart v R [2015] NSWCCA 285

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Glover v R; Stuart v R [2015] NSWCCA 285 Hearing dates: 9 July 2015 Decision date: 13 November 2015 Before: Basten JA at [1]; McCallum J at [95]; R A Hulme J at [105] Decision: In relation to Laurence Glover (2011/294019):

(1) Leave to appeal against conviction granted. (2) Appeal against conviction dismissed.

In relation to Nathan Thomas Stuart (2011/294024):

(1) Leave to appeal against conviction granted. (2) Appeal against conviction dismissed. (3) Direct the Registrar to relist the application for leave to appeal against sentence. Catchwords: CRIMINAL LAW – conviction appeal – whether verdicts unreasonable and not supported by evidence – three accused convicted for multiple armed robberies at clubs and hotels – prosecution case circumstantial – coincidence evidence relying on common elements between last robbery where strong evidence against the accused available and the earlier robberies – whether inference linking the accused to earlier robberies properly available

EVIDENCE – coincidence evidence – rejection of pre-trial application for separate trials not challenged – no pre-trial ruling on admissibility of coincidence evidence – evidence of commonalities between number of armed robberies led at joint trial – once all of the evidence had been given trial judge allowed prosecution to argue coincidence – no objection taken to jury directions – whether properly admitted – whether challenge available on appeal – Evidence Act 1995 (NSW), ss 98, 101 Legislation Cited: Criminal Appeal Act 1912 (NSW), ss 5, 6 Evidence Act 1995 (NSW), ss 97, 98, 101, 184 Cases Cited: Carr v R [2015] NSWCCA 186 Chamberlain v The Queen (No 2) (1984) 153 CLR 521; [1984] HCA 7 Harriman v The Queen (1989) 167 CLR 590 Hawi v R [2014] NSWCCA 83 Hoch v The Queen (1988) 165 CLR 292 Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Morris v The Queen (1987) 163 CLR 454; [1987] HCA 50 R v Ellis (2003) 58 NSWLR 700; [2003] NSWCCA 319 R v Fletcher [2005] NSWCCA 338; 156A Crim R 308 Ratten v The Queen (1974) 131 CLR 510; [1974] HCA 35 Wood v R [2012] NSWCCA 21 Category: Principal judgment Parties: In matter 2011/294019: Laurence Glover (Applicant) The Queen (Director of Public Prosecutions) (Respondent)