Cook (a pseudonym) v The The King

Case [2022] NSWCCA 282


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Cook (a pseudonym) v R [2022] NSWCCA 282
Hearing dates: 26 August 2022
Decision date: 15 December 2022
Before: Beech-Jones CJ at CL at [1]; Adamson J at [31]; Bellew J at [135]
Decision:

(1) Grant leave pursuant to rule 4.15 of the Supreme Court (Criminal Appeal) Rules 2021 (NSW) to argue ground 1.

(2)   Grant leave to appeal.

(3)   Allow the appeal on the basis of ground 1.

(4)   Quash the applicant’s convictions ordered following the trial before Colefax SC DCJ.

(5)   Order that there be a new trial of the applicant.

(6)   List the matter in the District Court arraignments list on 27 January 2023.

Catchwords:

CRIME — Appeals — Appeal against conviction — jury directions — where jury provided written elements documents containing question trail to be followed — where document not orally explained to jury by trial judge — where such explanation required — error established

CRIME — Appeals — Appeal against conviction — jury directions — where trial judge commented on how verdicts on various counts could be consistent — error established

CRIME — Appeals — Appeal against conviction — whether evidence of disclosure wrongly ruled inadmissible — application of s 293 of the Criminal Procedure Act 1986 (NSW) — no error established

Legislation Cited:

Crimes Act 1900 (NSW), ss 61J, 61M, 66A

Criminal Appeal Act 1912 (NSW), ss 5F, 6, 8

Criminal Procedure Act 1986 (NSW), ss 130A, 293, 294CB

Evidence Act 1995 (NSW), ss 97, 192A

Jury Act 1977 (NSW), s 55B

Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 4.15

Cases Cited:

Adams v R [2018] NSWCCA 303

Bourke (a pseudonym) v R [2021] NSWCCA 145

GEH v R [2012] NSWCCA 150

HG v The Queen (1999) 197 CLR 414; [1999] HCA 2

Jackmain (a pseudonym) v R (2020) 102 NSWLR 847; [2020] NSWCCA 150

Jago v District Court of NSW (1989) 168 CLR 23; [1989] HCA 46

KS v Veitch (No 2) (2012) 84 NSWLR 172; [2012] NSWCCA 266

Liberato v The Queen (1985) 159 CLR 507; [1985] HCA 66

M v R (1993) 67 A Crim R 549

McKell v The Queen (2019) 264 CLR 307; [2019] HCA 5

R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290

Taylor v R (2009) 78 NSWLR 198; [2009] NSWCCA 180

The Queen v Bauer (2018) 266 CLR 56; [2018] HCA 40

Trevascus v R (2021) 104 NSWLR 571; [2021] NSWCCA 104

Zhou v R [2021] NSWCCA 278

Category:Principal judgment
Parties: Cook (a pseudonym) (Applicant)
Regina (Respondent)
Representation:

Counsel:
T Game SC / R Khalilizadeh / A Faro (Applicant)
G Newton (Respondent)

Solicitors:
Streeton Lawyers (Applicant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2017/381748
Publication restriction: Publication of names and any information or material that may lead to the identification of the applicant or the complainant is prohibited: Crimes Act 1900 (NSW), s 578A; Children (Criminal…

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AGLC
Cook (a pseudonym) v The The King [2022] NSWCCA 282
Case
[2022] NSWCCA 282
Decision Date

CaseChat Overview and Summary

Cook, a pseudonymous defendant, appealed against his conviction in the Supreme Court of New South Wales. The appeal centered on several issues regarding the directions given to the jury by the trial judge, as well as the admissibility of certain evidence. The key points of contention were whether the trial judge correctly provided oral explanations of the written documents to the jury and whether the judge's comments on the consistency of verdicts on various counts constituted an error. Additionally, the appeal challenged the trial judge's decision to exclude certain evidence under section 293 of the Criminal Procedure Act 1986 (NSW).

The legal issues before the court were whether the trial judge erred in not orally explaining the written documents to the jury, whether the judge's comments on the consistency of verdicts constituted an error, and whether the trial judge erred in ruling certain evidence inadmissible. The court was required to determine whether these errors were significant enough to warrant a new trial.

The court found that the trial judge's failure to orally explain the written documents to the jury and the judge's comments on the consistency of verdicts constituted errors. These errors were deemed significant enough to potentially influence the jury's decision-making process. However, the court held that there was no error in the trial judge's decision to exclude certain evidence under section 293 of the Criminal Procedure Act 1986 (NSW). As a result, the appeal was partially successful. The conviction was quashed, and a new trial was ordered due to the errors identified in the jury directions.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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