Williams v R; R v Williams [2019] NSWCCA 53

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Williams v R; R v Williams [2019] NSWCCA 53 Hearing dates: 2 November 2018 Date of orders: 15 March 2019 Decision date: 15 March 2019 Before: Gleeson JA at [1] Schmidt J at [152] Button J at [219] Decision: (1) Grant the appellant leave to appeal his convictions.

(2) Uphold the appeal.

(3) Quash the convictions.

(4) Dismiss the Crown's appeal against sentence.

(5) Pursuant to Rule 50C of the Criminal Appeal Rules (NSW), direct a judgment and verdict of acquittal for the appellant on counts 2 and 3. Catchwords: CRIMINAL LAW – appeal against conviction – evidence – identi fication and recognition evidence – whether convictions unreasonable or not supported by evidence – whether it was open to the jury to find beyond reasonable doubt that the appellant was guilty of discharging a firearm in a public place and causing grievous bodily harm to the victim

CRIMINAL LAW – appeal against conviction – where appeal does not involve a question of law alone – where appellant failed to seek leave to appeal – grant of leave not a formality Legislation Cited: Crimes Act 1900, ss 33A(1)(a), 93G(1)(b) Criminal Appeal Act 1912 (NSW), s 5(1) Evidence Act 1995 (NSW), s 116 Cases Cited: Atai v R [2014] NSWCCA 210 Cottrell v R [2012] NSWCCA 117 Davies v The King (1937) 57 CLR 170; [1937] HCA 27 Kuehne v R; Humphries M v R; Humphries A v R [2010] NSWCCA 270 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Mills v Western Australia (2008) 189 A Crim 411; [2008] WASCA 219 Morris v The Queen (1987) 163 CLR 454; [1987] HCA 50 Palmer v R [2018] NSWCCA 205 R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Rasic v R [2009] NSWCCA 202 R v Trudgett (2007) 70 NSWLR 696; [2008] NSWCCA 62 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 R v Turnbull [1977] QB 224 at 228 Category: Principal judgment Parties: Kyle Williams (Appellant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: P Lange (Appellant) F Veltro (Respondent)