Hanna v R [2017] NSWCCA 168

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hanna v R [2017] NSWCCA 168 Hearing dates: 7 July 2017 Decision date: 20 July 2017 Before: Basten JA at [1]; Harrison J at [19]; Schmidt J at [57] Decision: 1. Grant leave to appeal. 2. Dismiss the appeal. Catchwords: APPEAL – appeal against sentence – plea of guilty –armed robbery contrary to s 97(1) Crimes Act 1900 –whether incompetence of counsel led sentencing proceedings to miscarry

APPEAL – criminal – evidence – challenge to competence of counsel – admissibility of evidence as to instructions – role of counsel – whether test of miscarriage depends on objective circumstances Legislation Cited: Crimes Act 1900 (NSW) s 97 Cases Cited: Ahmu v R; Director of Public Prosecutions v Ahmu [2014] NSWCCA 312 John Wayne Tsiakis v R [2015] NSWCCA 187 Matthews v R [2013] NSWCCA 187 Nudd v The Queen [2006] HCA 9; 80 ALJR 614 R v Birks (1990) 19 NSWLR 677 Vella v R; Siskos v R [2015] NSWCCA 148 Category: Principal judgment Parties: Nazih Hanna (Applicant) Crown (Respondent) Representation: Counsel: M Finnane QC (Applicant) D Kell SC & M Pulsford (Crown)

Solicitors: Oxford Lawyers (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2013/18142 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 1 July 2015 Before: Colefax SC DCJ File Number(s): 2013/18142