R v Bragias [2016] NSWCCA 219

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Bragias [2016] NSWCCA 219 Hearing dates: 24 April 2016 Decision date: 07 October 2016 Before: McCallum J at [1] R A Hulme J at [69] Schmidt J at [70] Decision: Leave to appeal granted; appeal dismissed Catchwords: CRIMINAL LAW – conviction appeal – offence of taking a motor vehicle with assault – whether verdict was unreasonable, or cannot be supported, having regard to the evidence – where complainant admitted lying to police – assessment of coherence of his account – consideration of jury's advantage in hearing the evidence Legislation Cited: Crimes Act 1900 (NSW), ss 98, 154C(2) Criminal Appeal Act 1912 (NSW), s 6(1) Evidence Act 1995 (NSW), s 60 Cases Cited: Chamberlain v The Queen (No 2) (1984) 153 CLR 521; [1984] HCA 7 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Morris v The Queen (1987) 163 CLR 454; [1987] HCA 50 Rattan v The Queen (1974) 131 CLR 510; [1974] HCA 35 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 1 Whitehorn v The Queen (1983) 152 CLR 657; [1983] HCA 42 Category: Principal judgment Parties: Harrison Bragias (applicant) Regina (respondent) Representation: Counsel: S Healey (applicant) N J Adams (respondent)

Solicitors: Russell Byrnes Solicitors (applicant) Office of the Director of Public Prosecutions (respondent) File Number(s): 2013/34409 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 2 April 2015 Before: McClintock SC DCJ File Number(s): 2013/34409