Mura v R [2019] NSWCCA 30

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mura v R [2019] NSWCCA 30 Hearing dates: 13 February 2019 Decision date: 20 February 2019 Before: Hoeben CJ at CL at [1]; Schmidt J at [2]; Adamson J at [3] Decision: (1) Grant leave to the appellant under rule 4 of the Criminal Appeal Rules to raise the ground of appeal against conviction.

(2) Allow the appeal.

(3) Quash the convictions for counts 1, 2, 3, 5 and 6 and set aside the aggregate sentence imposed for those offences.

(4) Order a re-trial.

(5) List the matter for mention before the District Court on 1 March 2019 at 9.30 am. Catchwords: CRIME – appeal – appeal against conviction – tendency evidence – misdirection requiring jury to be satisfied that tendency evidence called by defence be "likely" before it could be used to rebut Crown's tendency evidence – new trial ordered Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6 Criminal Appeal Rules, r 4 Evidence Act 1995 (NSW), s 97 Cases Cited: Browne v Dunn (1893) 6 R 67 Kalbasi v Western Australia [2018] HCA 7; (2018) 92 ALJR 305 Restricted Judgment [2018] NSWCCA 246 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 The Queen v Bauer [2018] HCA 40 The Queen v Glennon (1992) 173 CLR 592; [1992] HCA 16 Category: Principal judgment Parties: Rino Raymond Mura (Appellant) Regina Representation: Counsel: S Odgers SC/M Sahade (Appellant) B K Baker (Crown)