Casey v R [2016] NSWCCA 77

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Casey v R [2016] NSWCCA 77 Hearing dates: 8 February 2016 Decision date: 04 May 2016 Before: Johnson J at [1] Schmidt J at [68] Wilson J at [69] Decision: 1. Leave to appeal granted. 2. Appeal against conviction dismissed. Catchwords: CRIMINAL LAW – appeal against conviction – judge-alone trial – robbery with wounding – approach to conviction appeal from judge-alone trial – alleged error in assessment of credibility and reliability of Crown witness – alleged unfairness in findings made concerning Crown witness – errors not demonstrated – whether verdict unreasonable or not supported by the evidence – Crown case dependent upon truthfulness of initial interviews of Crown witness in which he implicated the Applicant (his brother) in the crime – Crown witness retracted this account at trial – leave to cross-examine under s.38 Evidence Act 1995 – trial judge satisfied beyond reasonable doubt that initial accounts implicating the Applicant were true – verdict of guilty was reasonably open – appeal dismissed Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: Browne v Dunn (1894) 6 R 67 Cawthray v R [2013] NSWCCA 105 Douglass v The Queen [2012] HCA 34; 86 ALJR 1086 Filippou v The Queen [2015] HCA 29; 89 ALJR 776 Khamis v R [2010] NSWCCA 179; 203 A Crim R 121 Murray v The Queen [2002] HCA 26; 211 CLR 193 R v Le [2002] NSWCCA 186; 54 NSWLR 474 R v Murray (1987) 11 NSWLR 12 R v Parkes [2003] NSWCCA 12; 147 A Crim R 450 RP v R [2015] NSWCCA 215 RWB v R [2010] NSWCCA 147; 202 A Crim R 209 Category: Principal judgment Parties: Terrence Trevor Casey (Applicant) Regina (Respondent) Representation: Counsel: Mr E Ozen (Applicant) Mr E Balodis (Respondent)