Puchalski v Regina [2007] NSWCCA 220 (23 July 2007)

[2007] NSWCCA 220

Malicious shooting with intent to do grievous bodily harm and maliciously discharge loaded arms with intent to do grievous bodily harm – Circumstantial case – Was appellant the shooter – Jury acting reasonably entitled to be satisfied beyond reasonable doubt of guilt of accused – no necessity for Shepherd direction – Committal deposition of subpoenaed witness who went overseas very shortly before trial without notifying Crown or police correctly admitted pursuant to s 65 of Evidence Act – Correct construction of “not available to give evidence” in s 65(1) and “all reasonable steps” in cl 4(1)(e) of Pt 2 of Dictionary – Exercise of discretion under s 192 – Correct refusal of adjournment of trial.