Guo v R [2020] NSWCCA 40

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Guo v R [2020] NSWCCA 40 Hearing dates: 24 February 2020 Decision date: 13 March 2020 Before: Meagher JA, Johnson and Hamill JJ Decision: (1) Grant leave to appeal against conviction.

(2) Dismiss appeal against conviction. Catchwords: CRIME – appeals – appeal against conviction – unsafe and unreasonable verdict having regard to the evidence – attempted armed robbery – offender turned himself in and confessed in ERISP, was bailed, then failed to appear – applicant arrested over twenty years later when all evidence except for partial ERISP lost or destroyed – applicant denied he was the person in ERISP – whether open to the jury to be satisfied beyond reasonable doubt that the applicant was that person – circumstantial evidence – inference of identity – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), s 97 Criminal Appeal Act 1912 (NSW), s 5 Cases Cited: Blyth v Carter [1933] VLR 433 Griffith (1995) 79 A Crim R 125 Knight v The Queen (1992) 175 CLR 495; [1992] HCA 56 Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Martin v Osborne (1936) 55 CLR 367; [1936] HCA 23 Plomp v The Queen (1963) 110 CLR 234; [1963] HCA 44 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 Smith v The Queen (1990) 64 ALJR 588 Texts Cited: J D Heydon, Cross on Evidence (11th Ed, 2017, LexisNexis Butterworths) J H Wigmore, Evidence in Trials at Common Law (Chadbourn rev, 1979, Little, Brown & Co) Vol 2 Category: Principal judgment Parties: Jia Ping Guo (applicant) Regina (respondent) Representation: Counsel: