Pashley v R [2019] NSWCCA 119

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Pashley v R [2019] NSWCCA 119 Hearing dates: 27 May 2019 Decision date: 12 June 2019 Before: Simpson AJA at [1] Walton J at [3] Adamson J at [4] Decision: (1) Leave granted to raise ground 3 in the appeal against conviction.

(2) Appeal against conviction dismissed.

(3) Leave to appeal against sentence refused. Catchwords: CRIME – appeals – appeal against conviction – alleged failure to direct jury regarding use of circumstantial evidence – whether trial judge obliged to give Shepherd direction regarding identification of vehicle on CCTV footage – identification of car not an indispensable intermediate step

CRIME – appeals – appeal against conviction – alleged failure to direct jury regarding use of circumstantial evidence – directions not in accordance with Bench Book – no deficiency identified

CRIME – appeals – appeal against conviction – alleged unreasonable verdict – verdicts open to jury – appeal dismissed

CRIME – appeal against sentence – question of parity – co-offender's appeal against sentence not finally determined – leave to appeal refused Legislation Cited: Crimes Act 1900 (NSW), ss 86, 97, 154A Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Cases Cited: Burrell v The Queen [2009] NSWCCA 163; (2009) 196 A Crim R 199 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 GAS v The Queen; SJK v The Queen (2004) 217 CLR 198; [2004] HCA 22 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Mulato v R [2006] NSWCCA 282 R v Prasad (1979) 23 SASR 161 Re Director of Public Prosecutions (DPP) Reference No 1 of 2017 [2019] HCA 9; (2019) 364 ALR 407 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Category: Principal judgment Parties: Lawrence Pashley (Appellant) Regina (Crown) Representation: Counsel: S Kluss (Appellant) B Hatfield (Crown)