Strachan v R [2017] NSWCCA 322

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Strachan v R [2017] NSWCCA 322 Hearing dates: 27 November 2017 Decision date: 15 December 2017 Before: Basten JA at [1]; Bellew J at [48]; Hamill J at [49] Decision: (1) Refuse leave to appeal with respect to grounds 2, 3 and 4.

(2) Grant leave to appeal in respect of ground 1.

(3) Dismiss the appeal. Catchwords: CRIME – appeal – application for leave to appeal against conviction – charge of possession of unregistered and prohibited firearms under Firearms Act 1996 (NSW) – whether errors in admitting evidence at trial – whether errors in trial judge's directions to the jury

CRIMINAL PROCEDURE – jury directions – leave to appeal against trial judge's directions required under Criminal Appeal Rules (NSW), r 4 – whether error in directions regarding jury's consideration of sworn evidence of accused – whether error in directions regarding potential lies told by accused under oath

CRIMINAL PROCEDURE – video of search – failure to edit out inadmissible evidence – whether replay stopped before prejudice realised – whether jury should have been discharged

EVIDENCE – admissibility – relevance of machine gun construction manual found in premises of co-accused to firearm possession offences – whether "tendency evidence" under Evidence Act 1995 (NSW), s 97 Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5 Criminal Appeal Rules, r 4 Evidence Act 1995 (NSW), ss 55, 97, 101 Firearms Act 1996 (NSW), s 4A Cases Cited: Edwards v The Queen (1993) 178 CLR 193; [1993] HCA 63 Elomar v R [2014] NSWCCA 303 Harriman v The Queen (1989) 167 CLR 590; [1989] HCA 50 Hughes v The Queen [2017] HCA 20; 344 ALR 187 R v Cooper (1849) 3 Cox CC 547 Zoneff v The Queen (2000) 200 CLR 234; [2000] HCA 28 Category: Principal judgment Parties: Scott Alexander Strachan (Applicant) Regina (Respondent) Representation: Counsel: Ms S Kluss (Applicant) Ms B Baker (Respondent)