Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Neto v R [2020] NSWCCA 128 Hearing dates: 4 May 2020 Date of orders: 18 June 2020 Decision date: 18 June 2020 Before: Basten JA at [1]
Fagan J at [11]
Hidden AJ at [12]Decision: (1) Refuse leave to appeal with respect to grounds 1 and 2.
(2) Grant the applicant leave to appeal, limited to ground 3.
(3) Dismiss the appeal.Catchwords: CRIMINAL LAW – application for leave to appeal against conviction – offences of sexual assault, common assault – whether Murray direction required – whether verdicts unreasonable Legislation Cited: Crimes Act 1900 (NSW), s 405C (repealed)
Criminal Appeal Act 1912 (NSW), s 5(1)(b)
Criminal Appeal Rules, r 4
Criminal Procedure Act 1986 (NSW), s 294AA
Evidence Act 1995 (NSW), ss 164, 165Cases Cited: AL v R [2017] NSWCCA 34, (2017) 266 A Crim R 1
Aravena v R (2015) NSWLR 258, [2015] NSWCCA 288
Day v R [2017] NSWCCA 192
DH v R [2020] NSWCCA 2
Ewen v R [2015] NSWCCA 117, (2015) 250 A Crim R 544
Fleming v The Queen (1998) 197 CLR 250, [1998] HCA 68
Hawi v R [2014] NSWCCA 83
Libke v The Queen (2007) 230 CLR 559, [2007] HCA 30
Longman v The Queen (1989)168 CLR 79, [1989] HCA 60
M v The Queen (1994) 181 CLR 487
MFA v The Queen (2002) 213 CLR 606, [2002] HCA 53
Pell v The Queen [2020] HCA 12
R v Markuleski (2001) 52 NSWLR 83
R v Murray (1987) 11 NSWLR 12
R v GW (2016) 258 CLR 108, [2016] HCA 6
Robinson v The Queen (1999) 197 CLR 162, [1999] HCA 42
Tonari v R [2013] NSWCCA 232, (2013) 237 A Crim R 490
Tully v The Queen (2006) 230 CLR 234, [2006] HCA 56Category: Principal judgment Parties: Joao Neto (Applicant)
Regina (Defendant)Representation: Counsel:
Solicitors:
C Parkin (Applicant)
M Kumar (Defendant)
Murphy’s Lawyers (Applicant)
Office of Director of Public Prosecutions (Defendant)
File Number(s): 2017/97090 Publication restriction: None Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Citation:
- N/A
- Date of Decision:
- 11 December 2018
- Before:
- Robison DCJ
- File Number(s):
- 2017/97090
Judgment
-
BASTEN JA: I agree with Hidden AJ that the Court should make the following orders:
Refuse leave to appeal with respect to grounds 1 and 2.
Grant the applicant leave to appeal, limited to ground 3.
Dismiss the appeal.
-
I agree with the reasons given by Hidden AJ; the following observations relate to the so-called “Murray direction” the subject of grounds 1 and 2.
-
First, to a criminal lawyer there is a comfortable familiarity about the notion of a “Murray direction”, referring to a case decided in 1987. However, for the reasons I sought to explain in Ewen v R,[1] the label is apt to mislead because it treats as immaterial statutory changes which have…
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- AGLC
- Neto v The Queen [2020] NSWCCA 128
- Case
- [2020] NSWCCA 128
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the trial judge should have directed the jury to acquit on the basis that the verdicts were unreasonable or unsupported by the evidence, in line with the Murray direction. Additionally, the Court needed to determine whether such a direction was necessary in this particular case. The appellant contended that the evidence did not support the jury's verdicts and that the trial judge's failure to give a Murray direction amounted to a miscarriage of justice.
The Court held that the trial judge's failure to give a Murray direction did not constitute a miscarriage of justice. It found that the evidence was sufficient to support the jury's verdicts, and therefore, there was no basis for a direction to acquit. The jury had carefully considered the evidence and reached a conclusion that was open to them based on the material before them. The Court also noted that the Murray direction is not mandatory in every case where there is a contention that the verdict is unreasonable, but rather it is a matter for the trial judge's discretion, which was appropriately exercised in this instance. As a result, the application for special leave to appeal was dismissed.
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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