Selby v R [2017] NSWCCA 40

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Selby v R [2017] NSWCCA 40 Hearing dates: 27 February 2017 Decision date: 15 March 2017 Before: Leeming JA, Schmidt J, Wilson J Decision: 1. To the extent necessary, grant leave to appeal, confined to ground 2 of the notice of appeal supplied to the Court on 27 February 2017, and otherwise refuse leave. 2. Appeal dismissed. Catchwords: EVIDENCE - coincidence evidence - victim was threatened on two occasions in May and October - evidence established applicant had intimidated victim on second occasion - whether error in jury being directed that it could use that evidence to find that applicant was the man who had demanded money from same victim on first occasion - relevance of dissimilarities in the evidence as to identity - no complaint to jury direction made at trial - appeal dismissed - Evidence Act 1995 (NSW), s 98. Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13(1) Crimes Act 1900 (NSW), s 99 Criminal Appeal Rules, r 4 Evidence Act 1995 (NSW), ss 95, 97, 98, 101 Cases Cited: ARS v R [2011] NSWCCA 266 El-Haddad v The Queen (2015) 88 NSWLR 93; [2015] NSWCCA 10 Justins v The Queen (2010) 79 NSWLR 544; [2010] NSWCCA 242 Lin v Tasmania [2015] TASCCA 13 Page v The Queen [2015] VSCA 357 Petroulias v R [2014] NSWCCA 108 R v ITA [2003] NSWCCA 174; (2003) 139 A Crim R 340 R v PWD [2010] NSWCCA 209; (2010) 205 A Crim R 75 R v Razzak [2004] NSWCCA 62 R v Winters [2010] SASC 100 Saoud v R [2014] NSWCA 136 Tekely v R; Nagle v R [2007] NSWCCA 75 Category: Principal judgment Parties: Mark James Selby (Applicant) Regina (Respondent) Representation: Counsel: D Carroll; PD Swaine (Applicant) S Dowling SC (Respondent)