Biles v R [2019] NSWCCA 52

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Biles v R [2019] NSWCCA 52 Hearing dates: 15 October 2018 Date of orders: 18 March 2019 Decision date: 18 March 2019 Before: Hoeben CJ at CL at [1]; Price J at [2]; Davies J at [229] Decision: 1. Leave to appeal granted; 2. Appeal against conviction dismissed. Catchwords: CRIME – appeal against conviction – murder – admissions by appellant – whether verdict unreasonable – whether reasonable hypothesis consistent with innocence of murder available on the evidence – whether miscarriage of justice by failure by trial judge to direct the jury that if the admitted blows were the traumatic cause of death, appellant was to be acquitted of murder – Rule 4 – whether appellant had lost real chance of acquittal Legislation Cited: Criminal Appeal Rules, r, 4 Cases Cited: ARS v R [2011] NSWCCA 266 Lane v The Queen [2018] HCA 28; (2018) 357 ALR 1 Libke v R (2007) 230 CLR 559; [2007] HCA 30 R v Moffatt [2000] NSWCCA 174; (2000) 112 A Crim R 201 R v PL [2009] NSWCCA 256; (2009) 199 A Crim R Royall v The Queen (1991) 172 CLR 378; [1991] HCA 27 Sio v R [2015] NSWCCA 42 The Queen v Baden-Clay (2016) 258 CLR 208; [2016] HCA 35 The Queen v Hillier (2007) 228 CLR 618; [2007] HCA 13 Category: Principal judgment Parties: Darryl Anthony Biles (Appellant) Regina (Respondent) Representation: Counsel: A Francis (Appellant) E Balodis (Respondent)