Dent v R

Case [2017] NSWCCA 166 17 July 2017

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Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Dent v R [2017] NSWCCA 166
Hearing dates: 8 June 2017
Date of orders: 17 July 2017
Decision date: 17 July 2017
Before: Hoeben CJ at CL at [1]
Bellew J at [118]
Fagan J at [119]
Decision:
(1) Ground of Appeal 1 is dismissed.
(2) Leave to rely upon Ground of Appeal 2, pursuant to r 4 of the Court of Criminal Appeal Rules (NSW) is refused.

Catchwords: CRIMINAL LAW – conviction appeal – felony murder – robbery in company inflicting grievous bodily harm leading to death – whether cross-examination by Crown raised tendency issues – if so whether miscarriage of justice occurred – whether trial judge should have given a direction that no inference adverse to the accused could be drawn from his refusal to be interviewed by police – whether leave should be given pursuant to r 4 – no miscarriage of justice – appeal against conviction dismissed.
Legislation Cited: Criminal Appeal Rules (NSW) – r 4
Evidence Act 1995 (NSW) – s 97
Cases Cited: Dhanhoa v The Queen [2003] HCA 40; 217 CLR 1
Germakian v R [2007] NSWCCA 373; 70 NSWLR 467
Glennon v The Queen [1994] HCA 7; 179 CLR 1
Greenhalgh v R [2017] NSWCCA 94
Harriman v The Queen [1989] HCA 50; 167 CLR 590
Papakosmas v The Queen [1999] HCA 37; 196 CLR 297
Petty v The Queen; Maiden v The Queen [1991] HCA 34;173 CLR 95
Picken v Regina; Regina v Picken [2007] NSWCCA 319
Regina v ITA [2003] NSWCCA 174; 139 A Crim R 340
Regina v Quach [2002] NSWCCA 519; 137 A Crim R 345
Category: Principal judgment
Parties: Anthony Richard Dent – Appellant
Regina – Respondent
Representation:
Counsel:
S Odgers SC – Appellant
N Adams – Respondent
Solicitors:
Legal Aid NSW – Appellant
Solicitor for Public Prosecutions – Respondent

File Number(s): 2014/102198
Decision under appeal

Court or tribunal:

Supreme Court of NSW

Jurisdiction:

Criminal

Citation:

R v Dent [2016] NSWSC 444

Date of Decision:

15 April 2016

Before:

R A Hulme J

File Number(s):

2014/102198

Judgment

HOEBEN CJ at CL:

Offence and sentence

In February 2016 the appellant was tried in the Supreme Court of New South Wales before R A Hulme J and a jury of twelve for the murder of Anthony Thomas O'Grady (the deceased) and a count of robbery in company inflicting grievous bodily harm on the deceased. The appellant was convicted of both counts and sentenced on 15 April 2016 to a total effective sentence of imprisonment for 42 years with a non-parole period of 32 years.

Crown case

It was the Crown case that on the afternoon of 25 March 2014 the appellant, together with JM, RC and Jeffrey Schott, in a discussion in the appellant's flat, planned to rob the deceased. The deceased was known to JM and was suggested as a target because he was an alcoholic and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Dent v R

Details

AGLC: Dent v The Queen [2017] NSWCCA 166
Case: [2017] NSWCCA 166
Decision Date: 17 July 2017

CaseChat Overview and Summary

The case of Dent v R involved the appellant, Dent, who was convicted of murder in the course of felony, specifically robbery in company which led to grievous bodily harm and subsequent death. The High Court of Australia was tasked with reviewing the conviction and sentence imposed upon the appellant. The central issues before the court were whether the cross-examination by the Crown regarding the appellant's silence raised tendency issues, whether this amounted to a miscarriage of justice, and whether the trial judge should have directed the jury that no adverse inference could be drawn from the appellant's refusal to be interviewed by police. Additionally, the court considered whether leave should be granted under rule 4 of the High Court Rules to appeal against the conviction.

The court held that the cross-examination did not raise tendency issues, as it was focused on the appellant's silence, rather than an admission of guilt. Furthermore, the court found that there was no miscarriage of justice in the trial, as the evidence against the appellant was overwhelming, and his silence did not affect the outcome of the trial. Regarding the direction on silence, the court held that the trial judge was not required to give such a direction, as it would not have made a difference to the result of the trial. Finally, the court determined that leave should not be granted under rule 4, as there was no substantial miscarriage of justice, and the appeal against conviction was dismissed.

In summary, the High Court upheld the appellant's conviction for murder in the course of felony, finding no miscarriage of justice in the trial. The court held that the cross-examination did not raise tendency issues and that no direction on silence was required. The appeal against conviction was dismissed, and no leave was granted under rule 4.

Orders