Allchin v R; Skepevski v R [2019] NSWCCA 278

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Allchin v R; Skepevski v R [2019] NSWCCA 278 Hearing dates: 6 November 2019 Date of orders: 22 November 2019 Decision date: 22 November 2019 Before: Basten JA at [1]; Walton J at [133]; Bellew J at [134] Decision: In each matter:

(1) Grant the applicant leave to appeal his conviction for supplying a prohibited drug.

(2) Dismiss the appeal. Catchwords: CRIMINAL PROCEDURE – appeal against conviction – sole ground that verdict was unreasonable or unsupportable on the evidence – challenges to fairness of trial, improper limit on cross-examination and content of prosecutor's address went beyond the sole pleaded ground – challenges dealt with as separate grounds of appeal

CRIMINAL LAW – appeal against conviction – supply of commercial quantity of drugs – supply by one co-accused to the other – whether verdict unreasonable – inferences of prior arrangement based on video surveillance – no evidence of prior relationship

CRIMINAL LAW – appeal against conviction – unfair trial – change in the prosecution case – prosecutor using rhetorical questions in address to jury – failure to put defence case in summing up

EVIDENCE – powers of trial judge to limit cross-examination – application to limit scope of re-examination if prosecution witness cross-examined about drug dealing with third party – risk of questioning causing unfair trial Legislation Cited: Criminal Appeal Act 1912 (NSW), ss 5, 6 Evidence Act 1995 (NSW), ss 128, 165, 192A