Taylor v R [2017] NSWCCA 2

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Taylor v R [2017] NSWCCA 2 Hearing dates: 23 and 24 November 2016 Decision date: 02 February 2017 Before: Basten JA at [1]; R A Hulme J at [117]; Schmidt J at [128] Decision: (1) Grant the applicant leave to appeal against his convictions.

(2) Dismiss the appeal. Catchwords: APPEAL – criminal – judge alone trial – nature of appeal – constraints on challenges to findings of fact based on credibility assessments – appeal not in nature of rehearing

CRIME – appeal – steal money property of employer – judge alone trial – challenge to admission of evidence – challenge to reasons – whether verdicts unreasonable or cannot be supported on the evidence

EVIDENCE – admissions – responses to questioning by investigator hired by employer of accused – whether investigator an "investigating official" – whether investigator capable of influencing decision to prosecute – Evidence Act 1995, s 85

EVIDENCE – admissions – whether deed by which accused agreed to repay money contained an admission – whether deed admissible – whether letter explaining failure to make repayment under deed admissible Legislation Cited: Crimes Act 1900 (NSW), s 156 Criminal Appeal Act 1912 (NSW), ss 5, 6 Criminal Procedure Act 1986 (NSW), ss 33, 133, 281 Evidence Act 1995 (NSW), ss 84, 85, 88, 90, 119, 128, 138, 184; Dictionary Trade Practices Act 1974 (Cth), s 155 Cases Cited: Australian Competition and Consumer Commission v Pratt (No 3) (2009) 175 FCR 558; [2009] FCA 407 Beale v NSW Government Insurance Office of NSW (1997) 48 NSWLR 430 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Fleming v The Queen (1998) 197 CLR 250; [1998] HCA 68 R v O'Donoghue (1988) 34 A Crim R 397 Simic v The Queen (1980) 144 CLR 319 W v R [2014] NSWCCA 110 Waterways Authority v Fitzgibbon [2005] HCA 57; 221 ALR 402 Weiss v The Queen (2005) 224 CLR 300; [2005] HCA 81 Category: Principal judgment Parties: Adam John Taylor (Applicant) Crown (Respondent) Representation: Counsel: Mr M Thangaraj SC/Mr N Simpson (Applicant) Mr H Baker (Respondent)