Scott v R [2017] NSWCCA 296

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Scott v R [2017] NSWCCA 296 Hearing dates: 28 July 2017 Date of orders: 06 December 2017 Decision date: 06 December 2017 Before: Hoeben CJ at CL at [1]; McCallum J at [243]; Bellew J at [244] Decision: (1) Leave to appeal is granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – conviction appeal – murder – victim stabbed in course of fight – conflicting evidence from heavily intoxicated witnesses – change of defence counsel during trial – plea of guilty to manslaughter during trial – refusal by Crown to accept plea – application to discharge jury refused on five occasions – whether refusal to discharge jury gave rise to a miscarriage of justice – whether verdict was unreasonable or could not be supported by the evidence – no clear evidence of when stabbing of deceased took place – appeal dismissed. Cases Cited: AL v Regina [2017] NSWCCA 34 Aslett v R [2009] NSWCCA 188 Crofts v The Queen [1996] HCA 22; 186 CLR 427 Gilbert v The Queen [2000] HCA 15; 201 CLR 414 Maric v The Queen (1978) 52 ALJR 631 Mikael v The Queen [2015] NSWCCA 294 R v Ball (1961) SR NSW 37 R v Dudko [2002] NSWCCA 336; 132 A Crim R 371 R v Knape (1965) VR 469 R v Owen (unreported, NSWCCA, 7 July 1988) R v Scott (No 5) [2015] NSWSC 462 R v Scott (No 6) [2015] NSWSC 678 TKWJ v The Queen [2002] HCA 46; 212 CLR 124 The Queen v Baden-Clay [2016] HCA 35; 258 CLR 308 The Queen v Glennon [1992] HCA 16; 173 CLR 592 Trieu v R [2012] NSWCCA 169 Walker v R [2014] VSCA 177 Category: Principal judgment Parties: Michael Vincent Scott – Applicant Regina – Crown Representation: Counsel: C Loukas SC/Mr B Dean/Ms R Khalilizadeh – Applicant M Cinque SC – Crown