Chesham v R [2016] NSWCCA 206

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chesham v R [2016] NSWCCA 206 Hearing dates: 9 August 2016 Decision date: 28 September 2016 Before: Ward JA at [1]; Price J at [78]; Fagan J at [79] Decision: 1. To the extent necessary, leave be granted for the appeal against conviction. 2. Appeal against conviction be dismissed. 3. Leave to appeal against sentence refused. Catchwords: CRIMINAL LAW – conviction appeal – assault occasioning actual bodily harm and robbery using corporal violence – complaint as to admission of tendency evidence causing judge alone trial – complaint of prejudice arising from listing of other unrelated charges against appellant on same day as trial for present offences – whether complainant giving evidence via audio-visual link caused miscarriage of justice – whether verdicts unreasonable or insupportable having regard to evidence – conviction appeal dismissed

CRIMINAL LAW – sentence appeal – complaint as to failure of parole officer to release applicant to parole – leave to appeal against sentence refused Legislation Cited: Crimes Act 1900 (NSW), ss 59(f), 95(1) Criminal Appeal Act 1912 (NSW), s 5 Evidence (Audio and Audio Visual Links) Act 1998 (NSW), s 5B Cases Cited: Aoun v R [2011] NSWCCA 284 R v Lockyer (1996) 89 A Crim R 457 R v O'Donoghue (1988) 34 A Crim R 397 R v Zhang (2005) 158 A Crim R 504; [2005] NSWCCA 437 Category: Principal judgment Parties: Jamellie Chesham (Applicant) Regina (Respondent) Representation: Counsel: Ms Chesham (Applicant in person) Ms M Cinque SC (Respondent)