Page:Cesan v The Queen.pdf/3

 :(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.