Regan v R [2019] NSWCCA 6

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Regan v R [2019] NSWCCA 6 Hearing dates: 22 August 2018 Date of orders: 22 August 2018 Decision date: 11 February 2019 Before: Bathurst CJ at [1]; Hoeben CJ at CL at [49]; Price J at [50] Decision: (1) Quash the conviction of the appellant of 18 August 2017.

(2) Order a re-trial of the appellant. Catchwords: CRIMINAL LAW – appeal –conviction – whether miscarriage of justice occurred –trial judge directed witness to not resume giving evidence –trial judge failed to direct jury of need to be unanimous as to possession of particular quantity of drugs. Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Elomar v The Queen [2014] NSWCCA 303; (2014) 316 ALR 206 Lane v The Queen [2018] HCA 28; (2018) 92 ALJR 689 The Queen v Klamo (2008) 18 VR 644; [2008] VSCA 75 The Queen v Walsh [2002] VSCA 98; (2002) 131 A Crim R 299 Category: Principal judgment Parties: Scott Edward Regan (appellant) The Crown (respondent) Representation: Counsel: T Game SC with D Barrow (appellant) F Veltro (respondent)

Solicitors: J Horsburgh (appellant) Solicitor for Public Prosecutions (respondent) File Number(s): 2014/319359 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Citation: Nil Date of Decision: 18 August 2017 Before: Colefax DCJ File Number(s): 2014/319359