Duffy v R [2017] NSWCCA 77

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Duffy v R [2017] NSWCCA 77 Hearing dates: 13 March 2017 Decision date: 26 April 2017 Before: Basten JA at [1]; Latham J at [63]; Campbell J at [64] Decision: With respect to the application for leave to appeal against conviction:

(a) Refuse leave pursuant to r 4 of the Criminal Appeal Rules to rely upon grounds 1 and 3, to the extent that the latter involves a challenge to the directions given to the jury. (b) Refuse leave to appeal pursuant to ground 3, pursuant to s 5(1)(b) of the Criminal Appeal Act, in so far as it alleged that the verdict was unreasonable and not supported on the evidence, or otherwise involved a miscarriage of justice. (c) Ground 2 not being pressed, refuse the application for leave to appeal against conviction.

With respect to the application for leave to appeal against sentence:

(a) Grant leave to appeal. (b) Dismiss the appeal. Catchwords: CRIMINAL PROCECURE – leave to appeal against conviction – grounds of appeal not argued at trial – leave required under Criminal Appeal Rules (NSW), r 4 – whether directions of trial judge resulted in miscarriage of justice

CRIME – appeal – leave to appeal against conviction – applicant convicted of manslaughter under joint criminal enterprise principles – whether trial judge misdirected jury as to what constitutes "participation" in joint criminal enterprise – whether presence during commission of offence sufficient – offender's state of mind as to common purpose