Tierney v R [2016] NSWCCA 144

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tierney v R [2016] NSWCCA 144 Hearing dates: 15 July 2016 Date of orders: 15 July 2016 Decision date: 15 July 2016 Before: Basten JA at [1] R A Hulme J at [2] Adamson J at [3] Decision: (1) Grant the applicant leave to appeal against conviction.

(2) Dismiss the appeal. Catchwords: CRIMINAL LAW – appeal against conviction for offence of break enter and steal in company – whether verdict was unreasonable having regard to the evidence at trial – jury entitled not to accept accused's version of events – whether trial judge erred in directions about withdrawal from joint criminal enterprise – no error established – leave to appeal granted but appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), s 112(2) Criminal Appeal Act 1912 (NSW), s 5 Criminal Appeal Rules (NSW), r 4 Cases Cited: M v The Queen (1994) 181 CLR 487 MFA v The Queen [2002] HCA 53; 213 CLR 606 R v Sully [2012] SASCFC 9; 112 SASR 157 R v Tietie (1988) 34 A Crim R 438 R v Whitehouse [1941] 1 DLR 683 SKA v The Queen [2011] HCA 13; 243 CLR 400 White v Ridley (1978) 140 CLR 342 Category: Principal judgment Parties: Clayton Tierney (Appellant) Regina (Crown) Representation: Counsel: P Lowe (Appellant) E Balodis (Crown)

Solicitor: Saba Lawyers (Appellant) Solicitor for Public Prosecutions (Crown) File Number(s): 2014/72543 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 24 April 2015 Before: Flannery DCJ File Number(s): 2014/72543