Safi v R [2018] NSWCCA 134

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Safi v R [2018] NSWCCA 134 Hearing dates: 13 April 2018 Decision date: 29 June 2018 Before: Simpson AJA at [1] Fullerton J at [75] McCallum J at [76] Decision: 1. The time within which to file a Notice of Appeal be extended to 31 October 2017. 2. Appeal allowed. 3. Conviction set aside. 4. There be a new trial. Catchwords: CRIMINAL PROCEDURE – appeal against conviction – where convicted of murder – directions to jury – where Crown case joint criminal enterprise – where directions introduced concept of extended joint criminal enterprise – whether the directions erroneously advanced a case for consideration of the jury that was not the Crown case

CRIMINAL PROCEDURE – appeal against conviction – Criminal Appeal Rules (NSW) r 4 – whether error giving rise to miscarriage of justice

CRIMINAL PROCEDURE – appeal against conviction – Criminal Appeal Act s6 – whether "no substantial miscarriage of justice has actually occurred" – whether jury direction precluded application of proviso Legislation Cited: Crimes Act 1900, s 18 Criminal Appeal Act, s 5 Criminal Appeal Rules, r 4 Cases Cited: ARS v R [2011] NSWCCA 266 Greenhalgh v R [2017] NSWCCA 94 Johns (TS) v The Queen (1980) 143 CLR 108 Kalbasi v The State of Western Australia [2018] HCA 7 Lane v The Queen [2018] HCA 28 McAuliffe v The Queen (1995) 183 CLR 108 Osland v The Queen (1998) 197 CLR 316; [1998] HCA 75 Papakosmas v The Queen (1999) 196 CLR 297: [1999] HCA 37 R v Tangye (1997) 92 A Crim R 545 Weiss v The Queen (2005) 224 CLR 300; [2005] HCA 81 Category: Principal judgment Parties: Hanna Safi (Appellant) Crown (Respondent) Representation: Counsel: P Lange (Appellant) T Smith (Crown/respondent)