Muhamad Kwu v Regina [2019] NSWCCA 75

Muhamad Kwu v Regina [2019] NSWCCA 75

The applicant's convictions were quashed because the same tendency evidence error that led to the successful appeals of Mr Ilievski and Mr Nolan applied to the applicant, and the Crown accepted that the proper course was to allow the appeal, quash the convictions and order a new trial.

Jurisdiction
Australia
Judgment Date
01 April 2019
Procedural Posture
Criminal Appeal Against Conviction / Application for Extension of Time in Which to Appeal and Appeal Against Conviction in the Court of Criminal Appeal
Outcome
Extension of time granted; appeal allowed; convictions quashed; new trial ordered; suppression order varied.
Legal Topics
['armed Robbery' 'take and Drive Conveyance' 'tendency Evidence' 'extension of Time to Appeal' 'suppression and Non Publication Orders']
['criminal Law' 'evidence' 'criminal Appeals'] ['armed Robbery' 'take and Drive Conveyance' 'tendency Evidence' 'extension of Time to Appeal' 'suppression and Non Publication Orders']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Application for Extension of Time in Which to Appeal and Appeal Against Conviction in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time in which to appeal.' 'Whether the trial judge erred in admitting tendency evidence.' "Whether the applicant's convictions should be quashed and a new trial ordered following the successful appeals of co-offenders."]

Ratio Decidendi

The applicant's convictions were quashed because the same tendency evidence error that led to the successful appeals of Mr Ilievski and Mr Nolan applied to the applicant, and the Crown accepted that the proper course was to allow the appeal, quash the convictions and order a new trial.

Court Disposition

Extension of time granted; appeal allowed; convictions quashed; new trial ordered; suppression order varied.

Orders

  • ['Grant the applicant an extension of time in which to appeal.' 'Appeal allowed.' 'Quash the conviction of the applicant on each of the counts proffered against him in the indictment.' 'Order a new trial in respect of each count.' 'Vary Order (7) made in Ilievski v R; Nolan v R to provide as follows: Order that...