Scahill v Director of Public Prosecutions (Cth) [2019] NSWCCA 190

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Scahill v Director of Public Prosecutions (Cth) [2019] NSWCCA 190 Hearing dates: 2 August 2019 Decision date: 14 August 2019 Before: Basten JA at [1]; Wright J at [60]; Wilson J at [61] Decision: (1) To the extent necessary, grant the applicant leave to appeal against his convictions.

(2) Allow the appeal and set aside the convictions of the appellant with respect to the four charges contained in an indictment preferred by the Commonwealth Director of Public Prosecutions on 23 July 2018. Catchwords: CRIMINAL LAW – appeal against conviction –accountant convicted of knowingly dealing with proceeds of crime – whether summing-up lacked balance or contained "advocacy" favouring prosecution – summary of prosecution and defence cases – no miscarriage of justice in judge recounting evidence relied on by prosecution – summing up of defence case undermined credibility of witness relied on by defence – credibility of witness not challenged by prosecutor – subsequent neutral directions not sufficient to rectify error – convictions quashed Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5 Criminal Code (Cth), s 400 Cases Cited: McKell v The Queen (2019) 93 ALJR 309; [2019] HCA 5 RPS v The Queen (2000) 199 CLR 620; [2000] HCA 3 The Queen v Dookheea (2017) 262 CLR 402; [2017] HCA 36 Category: Principal judgment Parties: Phillip John Scahill (Appellant) Commonwealth Director of Public Prosecutions (Respondent) Representation: Counsel: Mr A Bellanto QC / Mr T Bicanic (Appellant) Mr S Flood (Respondent)