Chidiac v R (No 2) [2016] NSWCCA 120

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chidiac v R (No 2) [2016] NSWCCA 120 Hearing dates: 28 October 2015, 7-9 March 2016, and 18 March 2016 Date of orders: 04 July 2016 Decision date: 04 July 2016 Before: Bathurst CJ, Button and Fagan JJ Decision: 1. Appeal dismissed.

2. Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) (the Act):

(1) Order that, up to and including the 18 July 2016, there be no disclosure (by publication or otherwise) of this judgment.

(2) Direct that the parties, on or before the 11 July 2016, file submissions as to whether and to what extent Order (1) should continue beyond 18 July 2016.

(3) The grounds for making this order are those specified in s 8(1)(a), s 8(1)(c) and s 8(1)(e) of the Act.

Note that this order does not extend to circulation of the summary of judgment in the form approved by the Court.

ADDENDUM – 18 July 2016 (4) That there be no disclosure (by publication or otherwise) of the entire pars [203] and [205], the first nine words of par [206] and the words after "[42]" and before "that the AFP" in par [211] of this judgment, subject to any review of those materials on an application for special leave to the High Court. Catchwords: CRIMINAL LAW – appeal against conviction – referral of the whole case – Crimes (Appeal and Review) Act 2001 (NSW), s 79(1)(b) – witness recanted evidence – whether recantations admissible

EVIDENCE – hearsay – recanted evidence – witness not available – admissibility – whether previous representations likely to be reliable – circumstances of representations – Evidence Act 1995 (NSW), s 65