0 results
| Summaries With Link (Five Minute Read) |
0 results
| CRIMINAL |
| Executive Summary |
| Sio
v R (NSWCCA)
- criminal law - joint criminal enterprise - appeal against armed robbery
conviction dismissed |
| Monte
v Director of Public Prosecutions (NSW) (NSWSC) - criminal law - no
error in admission of prosecution evidence or refusal to stay proceedings as
abuse of process. |
| Summaries With Link |
Sio
v R
[2015] NSWCCA 42
Court of Criminal Appeal of New South Wales
Leeming JA; Johnson & Schmidt JJ
Criminal law - joint criminal enterprise - evidence - jury
acquitted applicant of murder but convicted applicant of one count of robbery
in company causing wounding or inflicting grievous bodily harm contrary to s98 Crimes Act 1900 (NSW) - primary judge
sentenced applicant to seven years and six months imprisonment with additional
term of two years and six months - applicant sought to appeal against his
conviction - applicant contended trial judge erred in admitting electronically
recorded interview with co-offender and statement of co-offender into evidence
- applicant also claimed verdict was unreasonable and not supported by the
evidence - held: co-offenders representations were made in circumstances which made
it likely they were reliable - trial judge correct to admit interview and
statement as evidence - open to jury to be satisfied beyond reasonable doubt of
applicant’s guilt in participating in joint criminal enterprise - leave to
appeal granted - appeal dismissed. Sio |
Monte
v Director of Public Prosecutions (NSW)
[2015] NSWSC 318
Supreme Court of New South Wales
Bellew J
Criminal law - evidence - plaintiff charged
with stealing contrary to s94 Crimes Act
1900 (NSW) - plaintiff entered plea of not guilty - plaintiff’s solicitor
informed Magistrate there was issue whether or not plaintiff was lawfully
arrested by police, giving rise to question whether or not prosecution evidence
had been obtained in contravention of s138 Evidence
Act 1995 (NSW) - Magistrate declined to exclude evidence or stay
proceedings - Magistrate dismissed charge against plaintiff pursuant to s10(1)(a)
Crimes (Sentencing Procedure) Act 1999
(NSW) - plaintiff appealed pursuant to Crimes
(Appeal and Review) Act 2001 (NSW) - held: no error in Magistrate’s
decision - Magistrate did not make determination
that proceedings were abuse of process - no error in applying or interpreting s138
Evidence Act - appeal dismissed
Monte |
