Morgan v R [2016] NSWCCA 25

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Morgan v R [2016] NSWCCA 25 Hearing dates: 2 February 2016 Decision date: 26 February 2016 Before: Simpson JA at [1]; Johnson J at [45]; McCallum J at [46] Decision: Appeal against conviction dismissed. Catchwords: APPEAL – conviction – voice identification evidence – admissibility of opinion evidence – Evidence Act 1995 (NSW), ss 76, 79 – whether ad hoc expert evidence within s 79 – no objection raised at trial regarding characterisation of opinion as ad hoc expert evidence – no determination made by trial judge – no error found

APPEAL – conviction – Criminal Appeal Rules (NSW), r 4 – no objection taken at trial – no basis for the grant of leave – appeal against conviction dismissed Legislation Cited: Criminal Appeal Act 1912 (NSW), ss 5 and 6 Criminal Appeal Rules (NSW), r 4 Evidence Act 1995 (NSW), ss 76, 79 Cases Cited: Butera v Director of Public Prosecutions (Vic) [1987] HCA 58; 164 CLR 180 Honeysett v The Queen [2014] HCA 29; 253 CLR 122 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; 52 NSWLR 705 Morgan v R [2011] NSWCCA 257; 215 A Crim R 33 R v Irani [2008] NSWCCA 217; 188 A Crim R 125 R v Leung and Wong [1999] NSWCCA 287; 47 NSWLR 405 R v Madigan [2005] NSWCCA 170 Category: Principal judgment Parties: Raymond George Morgan (Appellant) Regina (Respondent) Representation: Counsel: J Stratton SC/M Curry (Appellant) N J Adams (Respondent)