Hough v R [2019] NSWCCA 293

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hough v R [2019] NSWCCA 293 Hearing dates: 21 October 2019 Date of orders: 11 December 2019 Decision date: 11 December 2019 Before: Hoeben CJ at CL at [1] Walton J at [2] Price J at [43] Decision: Leave to appeal is refused. Catchwords: CRIMINAL LAW – appeal against interlocutory judgment or order – applicant sought an order below for a separate trial pursuant to s 21(2) of the Criminal Procedure Act 1986 (NSW) – whether primary judge erred in dismissing an application for a separate trial from the co-accused – whether evidence is of a kind which is not amenable to judicial directions to the jury – whether the prejudice associated with the telephone intercepts cannot be cured by a direction to the jury –principle that jurors accept and obey the directions given to them by the trial judge – no error has been demonstrated in the judgment below – leave to appeal refused Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: DAO v R (2011) 81 NSWLR 568; [2011] NSWCCA 63 Gilbert v The Queen (2000) 201 CLR 414; [2000] HCA 15 R v Chami; R v Sheikh (2002) 128 A Crim R 428; [2002] NSWCCA 136 R v Middis (Unreported, Supreme Court of New South Wales, 27 March 1991) Trotter v R [2016] NSWCCA 57 Webb & Hay v R (1994) 181 CLR 41; [1994] HCA 30 Zoneff v The Queen (2000) 200 CLR 234; [2000] HCA 28 Category: Principal judgment Parties: Dalton Hough (Applicant) Regina (Respondent) Representation: Counsel: H White (Applicant) H Roberts (Respondent)