Dent v R [2017] NSWCCA 166

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dent v R [2017] NSWCCA 166 Hearing dates: 8 June 2017 Date of orders: 17 July 2017 Decision date: 17 July 2017 Before: Hoeben CJ at CL at [1] Bellew J at [118] Fagan J at [119] Decision: (1) Ground of Appeal 1 is dismissed. (2) Leave to rely upon Ground of Appeal 2, pursuant to r 4 of the Court of Criminal Appeal Rules (NSW) is refused. Catchwords: CRIMINAL LAW – conviction appeal – felony murder – robbery in company inflicting grievous bodily harm leading to death – whether cross-examination by Crown raised tendency issues – if so whether miscarriage of justice occurred – whether trial judge should have given a direction that no inference adverse to the accused could be drawn from his refusal to be interviewed by police – whether leave should be given pursuant to r 4 – no miscarriage of justice – appeal against conviction dismissed. Legislation Cited: Criminal Appeal Rules (NSW) – r 4 Evidence Act 1995 (NSW) – s 97 Cases Cited: Dhanhoa v The Queen [2003] HCA 40; 217 CLR 1 Germakian v R [2007] NSWCCA 373; 70 NSWLR 467 Glennon v The Queen [1994] HCA 7; 179 CLR 1 Greenhalgh v R [2017] NSWCCA 94 Harriman v The Queen [1989] HCA 50; 167 CLR 590 Papakosmas v The Queen [1999] HCA 37; 196 CLR 297 Petty v The Queen; Maiden v The Queen [1991] HCA 34;173 CLR 95 Picken v Regina; Regina v Picken [2007] NSWCCA 319 Regina v ITA [2003] NSWCCA 174; 139 A Crim R 340 Regina v Quach [2002] NSWCCA 519; 137 A Crim R 345 Category: Principal judgment Parties: Anthony Richard Dent – Appellant Regina – Respondent Representation: Counsel: S Odgers SC – Appellant N Adams – Respondent