Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Glynn v R [2020] NSWCCA 347 Hearing dates: 18 November 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Before: Hoeben CJ at CL; Price J; Fagan J Decision: (1) Appeal upheld.
(2) The appellant’s conviction and sentence are quashed.
(3) List the case for mention at the District Court at Sydney on 22 January 2021 at 9:30am.
Catchwords: CRIMINAL LAW – appeal against conviction – jury verdict of guilty to an alternative count of recklessly causing grievous bodily harm – Crown concession of error by trial judge in refusing to admit a video into evidence – whether proviso should be applied – whether oral testimony contrary to the Crown case was obviously false – unnecessary to consider whether case was extreme – powerful prosecution case – credibility of witnesses was crucial – witness’ credibility undermined by evidence of police officer – witness credibility supported by the video – appellant denied fair chance of acquittal – new trial ordered
Legislation Cited: Crimes Act 1900 (NSW), ss 33(1)(b), 35(2)
Criminal Appeal Act 1912 (NSW), s 6(1)
Evidence Act1995 (NSW), ss 38, 165(2)
Cases Cited: Castle v The Queen (2016) 259 CLR 449; [2016] HCA 46
Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29; 253 A Crim R 126
Kalbasi v Western Australia (2018) 264 CLR 62; [2018] HCA 7; 271 A Crim R 245
Weiss v The Queen (2005) 224 CLR 300; [2005] HCA 81; 158 A Crim R 133
Category: Principal judgment Parties: Robert Glynn (Appellant)
Regina (Respondent)Representation: Counsel:
Solicitors:
A Chhabra (Appellant)
M Kumar (Respondent)
E Rowe (Appellant)
Solicitor for the Office of the Director of Public Prosecutions (NSW) (Respondent)
File Number(s): 2015/00182306 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Citation:
- Date of Decision:
- 16 April 2020
- Before:
- King SC DCJ
- File Number(s):
- 2015/00182306
Judgment
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THE COURT: On 5 November 2019, Robert Glynn (“the appellant”) was arraigned on an indictment charging him with causing grievous bodily harm to Tom Bablis (“the complainant”) on 20 June 2015 at Earlwood contrary to s 33(1)(b) of the Crimes Act 1900 (NSW) (“count 1”). There was an alternative count of recklessly causing grievous bodily harm to the complainant contrary to s 35(2) of the Crimes Act (“the alternative count”). The appellant pleaded not guilty to each count.
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On 18 November 2019, the jury returned a verdict of not guilty to count 1 and a verdict of guilty to the alternative count. He was sentenced to a term of imprisonment of 2 years and 6 months with a non-parole period of 1 year and 3 months to commence on 12 April 2020 and to expire on 11 July 2021. The balance of the term of 1 year and 3 months is to commence on 12 July 2021 and…
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- AGLC
- Glynn v The Queen [2020] NSWCCA 347
- Case
- [2020] NSWCCA 347
- Decision Date
CaseChat Overview and Summary
The court held that the trial judge's error in refusing to admit the video into evidence was significant, as it was crucial to the appellant's defence. The court found that the proviso in s 192 of the Criminal Procedure Act 2009 (Vic) should be applied, and that the appellant was denied a fair chance of acquittal. The court held that the credibility of the witnesses was crucial to the outcome of the case, and that the appellant's witness' credibility was undermined by evidence of a police officer. However, the video supported the credibility of the appellant's witness, and the court found that the appellant was denied a fair chance of acquittal. The court ordered a new trial, and the conviction was quashed.
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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