Carr v R

[2026] NSWCCA 5

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Misdirection
4. › Joint criminal enterprise directions
5. › Whether trial judge's directions on elements of aggravated sexual assault in company adequately conveyed requirements of joint criminal enterprise
6. › Whether omission to direct on agreement to inflict actual bodily harm constituted second limb error
7. › Crimes Act 1900 (NSW), s 61JA(1)
8. › Criminal Appeal Act 1912 (NSW), ss 5(1), 6(1)
1. Criminal Law
2. › Joint criminal enterprise
3. › Straightforward joint criminal enterprise
4. › Identification of acts and omissions agreed upon
5. › Whether plea of guilty to alternative count removed element as real issue at trial
6. › Crimes Act 1900 (NSW), ss 59, 61JA(1)
1. Criminal Law
2. › Appeal against conviction
3. › Leave to appeal
4. › Failure to object to directions at trial
5. › Whether failure to complain indicates no miscarriage of justice
6. › Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 4.15

Quick Take

A plea of guilty to an alternative count on an indictment does not necessarily remove an overlapping element of the primary count as a real issue at trial where the factual substratum of the alternative count is not identical to the factual substratum of the element in question.

Case Details

Citation[2026] NSWCCA 5

CourtNSWCCA

JurisdictionNew South Wales

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Relies on29

2025Koch v RNSWCCA 219
2025R v Stephen; R v Tadrosse (No 4)NSWSC 824
2025MDP v The KingHCA 24
2025Brawn v The KingHCA 20
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