Barakat v R [2017] NSWCCA 147

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Barakat v R [2017] NSWCCA 147 Hearing dates: 19 June 2017 Date of orders: 21 June 2017 Decision date: 23 June 2017 Before: Hoeben CJ at CL at [1]; R A Hulme J at [2]; Wilson J at [56] Decision: Leave to appeal pursuant to s 5F(3) of the Criminal Appeal Act be refused Catchwords: CRIMINAL LAW – appeal by accused under s 5F(3) Criminal Appeal Act 1912 against refusal of a permanent stay – allegations of irregular and illegal conduct relating to a controlled operation – suggestion that earlier payments made to the informant tainted the investigation and prosecution of drug transactions the applicant was involved in – grounds of appeal unclear – no House v The King error identified – applicant merely sought to re-argue the issue de novo – appeal dismissed Legislation Cited: Criminal Appeal Act 1912 (NSW) ss 5F(3), 5F(5) Criminal Appeal Rules r 5B Evidence Act 1995 (NSW) s 138 Law Enforcement (Controlled Operations) Act 1997 (NSW) s 6 Cases Cited: House v The King [1936] HCA 40; 55 CLR 499 Jago v The District Court New South Wales [1989] HCA 46; 168 CLR 23 R v Ladocki [2004] NSWCCA 336 Ridgeway v The Queen [1995] HCA 66; 184 CLR 19 The Queen v Glennon [1992] HCA 16; 173 CLR 592 TS v R [2014] NSWCCA 174 Walton v Gardiner [1993] HCA 77; 177 CLR 378 Category: Principal judgment Parties: Nadar Barakat (Applicant) Regina (Respondent) Representation: Counsel: Mr R Webb (Applicant) Ms M Cinque SC (Crown)