Dixon v R [2017] NSWCCA 299

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dixon v R [2017] NSWCCA 299 Hearing dates: 4 September 2017 Decision date: 15 December 2017 Before: Basten JA at [1]; McCallum J at [30]; Wilson J at [124] Decision: (1) As to ground 1, leave under r 4 refused.

(2) As to grounds 2 and 3, leave to appeal granted.

(3) Appeal dismissed. Catchwords: CRIME – appeal against conviction – where defence counsel opened to the jury that the accused would give evidence – where accused did not give evidence – whether combination of those events resulted in a miscarriage of justice – alleged incompetence of defence counsel in failing to seek a discharge of the jury or a specific direction – whether miscarriage of justice

CRIME – appeal against conviction – obligation of trial judge to put fairly before the jury defence case – short trial run on single issue of complainant's credibility – whether judge obliged to summarise submissions – whether miscarriage of justice Legislation Cited: Crimes Act 1900 (NSW), s 66A(1) Criminal Appeal Act 1912 (NSW), s 5(1) Criminal Procedure Act 1986 (NSW), s 161 Criminal Appeal Rules, r 4 Cases Cited: AP v R [2013] NSWCCA 189 Aravena v R (2015) 91 NSWLR 258; [2015] NSWCCA 288 Castle v The Queen (2016) 259 CLR 449; [2016] HCA 46 Domican v R (1992) 173 CLR 555; [1992] HCA 13 Maraache v R [2013] NSWCCA 199 R v Davis [1999] NSWCCA 15 R v Meher [2004] NSWCCA 355 RPS v The Queen (2000) 199 CLR 620; [2000] HCA 3 RR v R [2011] NSWCCA 235 TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46 Williams v R (1999) 104 A Crim R 260; [1999] NSWCCA 9 Wong v R [2009] NSWCCA 101 Category: Principal judgment Parties: Edward Michael Dixon (appellant) Regina (Crown) Representation: Counsel: C Wasley (appellant) E Balodis (Crown)