Muhamad Kwu v Regina [2019] NSWCCA 75

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Muhamad Kwu v Regina [2019] NSWCCA 75 Hearing dates: 1 April 2019 Date of orders: 01 April 2019 Decision date: 01 April 2019 Before: Bathurst CJ at [1]; Ierace J at [12]; Hidden AJ at [13] Decision: (1) Grant the applicant an extension of time in which to appeal. (2) Appeal allowed. (3) Quash the conviction of the applicant on each of the counts proffered against him in the indictment. (4) Order a new trial in respect of each count. (5) Vary Order (7) made in Ilievski v R; Nolan v R to provide as follows: Order that pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), the judgment in Ilievksi v R; Nolan v R [2018] NSWCCA 164, not be published until the conclusion of any new trial of the applicants and Mr Kwu on the counts set out in the indictment preferred against them or until further order on the grounds set out in s 8(1)(a) of the Act. Catchwords: CRIME – armed robbery – take and drive conveyance - successful appeal of co-offenders.

EVIDENCE – tendency evidence – whether trial judge erred in admitting tendency evidence.

CRIME – Appeals – Appeal against conviction - Extension of time in which to appeal. Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Cases Cited: Ilievski v R; Nolan v R [2018] NSWCCA 164 Category: Principal judgment Parties: Muhamad Kwu (appellant) The Crown (respondent) Representation: Counsel: