2.
- (a) The appeal to the Court of Criminal Appeal against conviction be allowed and the appellant's conviction be quashed.
- (b) There be a new trial of the appellant.
Matter No S236/2008
1. The appeal be allowed.
2. The orders of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 5 September 2007 dismissing the appellant's appeals against conviction and sentence be set aside and, in their place, there be orders:
- (a) The appeal to the Court of Criminal Appeal against conviction be allowed and the appellant's conviction be quashed.
- (b) There be a new trial of the appellant.
On appeal from the Supreme Court of New South Wales
Representation
T A Game SC with H K Dhanji for the appellant in S233/2008 (instructed by Fragomen Global)
G O'L Reynolds SC with J C Hewitt for the appellant in S236/2008 (instructed by Legal Aid Commission of New South Wales)
W J Abraham QC with J G Renwick and L K Crowley for the respondent in both matters (instructed by Commonwealth Director of Public Prosecutions)
Interveners
M G Sexton SC, Solicitor-General for the State of New South Wales with R A Pepper intervening on behalf of the Attorney-General for the State of New South Wales (instructed by Crown Solicitor (NSW))
P M Tate SC, Solicitor-General for the State of Victoria with K L Walker intervening on behalf of the Attorney-General for the State of Victoria (instructed by Victorian Government Solicitor)
- Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
