Brown v R [2019] NSWCCA 185

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Brown v R [2019] NSWCCA 185 Hearing dates: 22 July 2019 Date of orders: 12 August 2019 Decision date: 12 August 2019 Before: Basten JA at [1]; Johnson J at [2]; Price J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – conviction appeal – joint criminal enterprise – two counts of firing a firearm in a public place – jury trial – verdict of not guilty on first shooting but verdict of guilty on second shooting – circumstantial case – whether verdicts inconsistent – whether verdict of guilty open to the jury – intermediate fact of knowledge that the co-offender possessed a firearm – an issue in the first shooting but not the second – whether other reasonable possibilities inconsistent with guilt Legislation Cited: Crimes Act 1900 (NSW) ss 93G, 154A, 195 Cases Cited: AH v R [2019] NSWCCA 152 Gillard v The Queen (2003) 219 CLR 1; [2003] HCA 64 Libke v R (2007) 230 CLR 559; [2007] HCA 30 Sio v R [2015] NSWCCA 42 The Queen v Baden-Clay (2016) 258 CLR 208; [2016] HCA 35 Category: Principal judgment Parties: Tylan Brown (Applicant) Regina (Respondent) Representation: Counsel: Mr K Averre (Applicant) Mr D Patch (Respondent)

Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2017/39674 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 27 February 2018 Before: Haesler SC DCJ File Number(s): 2017/39674