Flavell v R [2008] NSWCCA 223

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Flavell v R [2008] NSWCCA 223 Hearing dates: 4 September 2008 Decision date: 25 September 2008 Before: McClellan CJ at CL at 1; Hoeben J at 26; Harrison J at 27 Decision: 1. Leave granted 2. Appeal dismissed. Catchwords: CRIMINAL LAW - Criminal Appeal Act s SF - Appeal against interlocutory judgment or order Kidnapping - Application for permanent stay of proceedings - Whether evidence was capable of constituting the elements of the offence of kidnapping - Detain for advantage – Whether victim was 'detained' - Whether necessary for victim to be aware that he or she is detained - Victim was unconscious - Whether victim's liberty was restrained - 'Detained' includes causing a person to remain where he or she is - Offence capable of being committed where victim is denied the assistance of other persons or where accused prevents other persons from rendering assistance -Whether offence proved on the facts a matter for jury Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Davis v R [2006] NSWCCA 392 JCS V R, JMS V R, RV JCS, RV JMS [2006] NSWCCA 221; (2006) 164 A Crim R 1; Myer Stores Ltd v Soo [1991] 2 VR 597 Marchione v R [2002] NSWCCA 131; (2002) 128 A Crim R 574 McFadzean & Ors v Construction Forestry Mining and Energy Union & Ors [2007] VSCA 289 Meering v Grahame-White Aviation Co Ltd (1919) 122 LT 44 R v Awang [2004] QCA 152 R v Taktak (1988) 14 NSWLR 226 Zenaida Go v The Queen [1990] NTSC 40; (1990) 73 NTR 1; (1990) l 02 FLR 299 Category: Principal judgment Parties: Glenn Samual Flavell (Applicant) The Crown Representation: Counsel: A Haesler SC/R Wilson (Applicant) D F FrearsonSC/N Noman (Crown)