CITATION: R v Donnelly [2001] NSWCCA 394 FILE NUMBER(S): CCA 60017/00 HEARING DATE(S): 23 March 2001 JUDGMENT DATE:
5 October 2001PARTIES :
R v Paul James DonnellyJUDGMENT OF: Giles JA at 1; Wood CJ at CL at 116; Simpson J at 117
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 99/51/0037 LOWER COURT JUDICIAL
OFFICER :Twigg DCJ
COUNSEL : R D Ellis - Crown
M Thangaraj - AppellantSOLICITORS: S E O'Connor - Crown
H Schleiger & Associates - AppellantCATCHWORDS: Crime - robbery with wounding - fresh evidence - cross-examination about persons to be called by defence - directions as to joint criminal enterprise - directions as to lies - unreasonable verdict. D CASES CITED: Azzopardi v The Queen (2000) 75 ALJR 931;
Edwards v The Queen (1993) 178 CLR 193;
Gallagher v The Queen (1986) 160 CLR 392;
M v The Queen (1994) 181 CLR 487;
Michelberg v The Queen (1989) 167 CLR 259;
Osland v R (1998) 197 CLR 316;
R v Ali (2001) NSWCCA 218;
R v Clarkson (1971) 1 WLR 1402;
R v Coney (1882) 8 QBD 534;
R v Dellapatrona (1993) 31 NSWLR 123;
R v Heyde (1990) 20 NSWLR 234;
R v Kirby (2000) NSWCCA 330;
R v Kupferberg (1918) 13 Crim App R 166;
R v Sanford (1994) 72 A Crim R 160;
R v Stackelroth (CCA, 3 April 1996, unreported);
R v Tangye (1997) 92 A Crim R 545;
R v Vastag (CCA, 20 June 1997, unreported);
RPS v The Queen (2000) 199 CLR 620;
Wilcox v Jeffrey (1951) 1 All ER 464;
Zoneff v The Queen (2000) 200 CLR 234.DECISION: 1. So far as leave be necessary, leave be given to enlarge the grounds of appeal against conviction to encompass the grounds the subject of these reasons; 2. Dismiss the appeal against conviction. 3. Grant leave to appeal against sentence. 4. Dismiss the appeal against sentence.
IN THE COURT
OF CRIMINAL APPEAL
CCA 60017/00
DC 99/51/0037
GILES JA
WOOD CJ at CL
SIMPSON J
Friday 5 October 2001
The appellant appealed against his conviction for robbery with wounding and the sentence imposed. The issues were concerned with fresh evidence, inappropriate cross-examination, directions as to joint criminal enterprise, directions as to lies, unreasonable verdict, and error in matters taken into account in sentencing.
As to fresh evidence, the appellant tendered exculpatory evidence of a third party. The evidence was not fresh evidence because it was available at the trial but was not led because the appellant did not want to take the risk that the third party would not give the evidence expected; as well, the evidence was not such that there was a significant possibility that the jury, acting reasonably, would have acquitted the appellant.
As to inappropriate cross-examination, the appellant was asked whether some persons with whom he said he had been drinking before the occasion…
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- AGLC
- R v Donnelly [2001] NSWCCA 394
- Case
- [2001] NSWCCA 394
- Decision Date
CaseChat Overview and Summary
The legal issues that arose in this case included the proper procedure for introducing fresh evidence during a trial, the adequacy of the judge's instructions regarding the concept of joint criminal enterprise, and the handling of cross-examination concerning potential witnesses to be called by the defence. Furthermore, the court had to consider whether the trial judge's directions on the relevance of lies told by the defendant were adequate and whether the jury's verdict was unreasonable in light of the evidence presented.
The court examined the trial judge's decision to allow the fresh evidence, concluding that the judge had correctly exercised his discretion in permitting its introduction. The court also assessed the trial judge's directions on joint criminal enterprise and found that they were clear and sufficient. Regarding the cross-examination of the defendant, the court determined that the judge's handling of the matter was appropriate. Finally, the court reviewed the judge's directions on lies and found no error. The court concluded that the verdict was not unreasonable, as it was supported by the evidence presented during the trial.
The final orders of the court were to dismiss the appeal against conviction and sentence, affirming the defendant's conviction and the sentence imposed by the trial court.
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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