Sayadi v Regina [2020] NSWCCA 28

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sayadi v Regina [2020] NSWCCA 28 Hearing dates: 12 February 2020 Date of orders: 04 March 2020 Decision date: 04 March 2020 Before: Payne JA at [1]; Beech-Jones J at [2]; N Adams J at [75] Decision: (1) The Appellant be granted leave to raise grounds 1, 2 and 3 of his Notice of Appeal.

(2) The Appellant be refused leave to raise ground 4 of his Notice of Appeal.

(3) The appeal against conviction be dismissed. Catchwords: CRIMINAL LAW – appeal – appeal against conviction – offence of kidnapping contrary to s 86(3) of the Crimes Act 1900 – offence of breaking, entering and stealing contrary to s 112(1)(a) of the Crimes Act 1990 – whether trial judge erred in allowing Crown to call further witnesses after commencement of final address – whether trial judge erred in failing to redact or limit use that could be made of evidence admitted without objection – witness called following change of position by counsel for accused – leave to appeal granted – appeal dismissed – whether trial judge erred in failing to decide application for discharge of the jury – application not pressed – leave to appeal refused Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Evidence Act 1995 Cases Cited: Olivieri v R [2016] NSWCCA 169 R v MR [2013] NSWCCA 236 R v O'Driscoll (2003) 57 NSWLR 416; [2003] NSWCCA 166 Shaw v The Queen (1952) 85 CLR 365; [1952] HCA 18 The Queen v Chin (1985) 157 CLR 671; [1985] HCA 35 The Queen v Soma (2003) 212 CLR 299; [2003] HCA 13 Category: Principal judgment Parties: Issam Sayadi (Appellant) The Crown (Respondent) Representation: Counsel: R Webb (Appellant) E Wilkins SC (Respondent)