Phillips v R [2016] NSWCCA 159

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Phillips v R [2016] NSWCCA 159 Hearing dates: 22 July 2016 Decision date: 10 August 2016 Before: Hoeben CJ at CL at [1]; R A Hulme J at [2]; N Adams J at [25] Decision: Leave to appeal refused Catchwords: CRIMINAL LAW – appeal against conviction – causing grievous bodily harm with intent – joint assault on victim – whether judge erred by not directing jury as to causation – whether verdict unreasonable because evidence incapable of establishing causation – where sole issue at trial was identification (recognition) – no error in failure to direct on matters not at issue in trial – leave to appeal refused Legislation Cited: Crimes Act 1900 (NSW) s 33(1) Criminal Appeal Act 1912 (NSW) s 5(1) Criminal Appeal Rules r 4 Evidence Act 1995 (NSW) s 191 Cases Cited: Alford v Magee [1952] HCA 3; 85 CLR 437 ARS v R [2011] NSWCCA 266 Huynh v The Queen [2013] HCA 6; 295 ALR 624 Papakosmas v R [1999] HCA 37; 196 CLR 297 Pemble v The Queen [1971] HCA 20; 124 CLR 107 R v Greatorex (1994) 74 A Crim R 496 Category: Principal judgment Parties: Richard Grant Phillips (Applicant) Regina (Respondent) Representation: Counsel: Ms A Francis (Applicant) Mr P Ingram SC (Crown)

Solicitors: Bannisters Lawyers Solicitor for Public Prosecutions File Number(s): 2012/392603 Decision under appeal Court or tribunal: District Court Date of Decision: 18 December 2014 Before: Armitage DCJ File Number(s): 2012/392603