Odisho v R [2018] NSWCCA 19

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Odisho v R [2018] NSWCCA 19 Hearing dates: 23 August 2017 Date of orders: 28 February 2018 Decision date: 28 February 2018 Before: Price J at [1] Bellew J at [17] Hamill J at [155] Decision: 1. Leave in respect of ground 4 is refused. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – Appeal – Evidence – Unfavourable witness – Cross-examination – Cross-examination of unfavourable witness in respect of matters relevant only to credibility – Whether such questioning went beyond such matters – Whether further grant of leave was required – Whether miscarriage of justice arose

CRIMINAL LAW – Practice and procedure – Summing-up of trial judge – Whether summing-up failed to adequately balance the respective cases of the Crown and the accused – Where trial judge repeatedly reminded the jury of the defence case – Structure of the summing-up a matter for individual judgment – No requirement on the part of the trial judge to "compartmentalise" the summing-up by separately identifying and summarising the defence case – Ultimate question whether the trial judge has put the defence case in such a way as to allow the jury to properly consider the issues raised on the accused's behalf

CRIMINAL LAW – Appeal – Offences – Where jury found the appellant guilty of wounding with intent to cause grievous bodily harm – Whether verdict unreasonable and could not be supported by the evidence – Whether the evidence was sufficient to establish beyond reasonable doubt that the appellant held the requisite intention – Where a combination of circumstances relied upon by the Crown provided a sound basis upon which it was open to the jury to infer such intention on the part of the appellant – Where issue not explored in evidence by trial counsel