Where the Crown alleges multiple discrete acts of assistance in an accessory after the fact charge, a specific unanimity direction is required; failure to give such a direction results in a substantial miscarriage of justice. Lies may be relied upon both as constituting the actus reus of accessory after the fact and as evidence of consciousness of guilt without inconsistency. Section 7(1) of the Criminal Appeal Act 1912 (NSW) authorises the NSWCCA to resentence on related offences included in a Court Attendance Notice when an aggregate sentence is quashed, and an ICO may effectively be backdated in such circumstances.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.