NSW Caselaw
New South Wales District Court
CITATION: R v Haines, Craig [2008] NSWDC 259
HEARING DATE(S): 17/11/2008 18/11/2008
JUDGMENT DATE: 25 November 2008
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
DECISION: Application for severence refused.
CATCHWORDS: Criminal Law - Indictment - Indecent assault - appliction for severence of charges - multiple complainants - admissible nexus between charges - location, time span, Aboriginal female victims, accused's response upon confrontation by victims - coincidence and tendency - concoction - no reasonable possibility of concoction - application declined.
Kray [1970] 1 Q.B. 125 at 130-131 CASES CITED: De Jesus 22 A Crim R. 375 at 381 Sutton v The Queen (1984) 152 C.L.R. 528 Hock v The Queen (1988) 165 CLR 292 at 297
TEXTS CITED: Butterworth's Criminal Practice and Procedure NSW - indictments p.6323.
PARTIES: Regina Craig Thomas Haines
FILE NUMBER(S): 2007/00008835
COUNSEL: Defence: D. MacCallum
SOLICITORS: Crown: Mr G Coles
JUDGMENT Application for Severance of charge from indictment 1. The Crown has charged the accused, Craig Thomas Haines with three counts relating to unlawful sexual conduct. Each count in the indictment relates to a different complainant. The first charge alleges an indecent assault upon Lauralee M; the second alleges a breaking and entering into a bedroom within a dwelling house known as 38 Toomelah with the intent of indecently assaulting Karina M in circumstances of aggravation. The third charge alleges the accused broke and entered into a second bedroom at 38 Toomelah and indecently assaulted Kirsten M, in circumstances of aggravation. Kirsten M is a 16-year-old cousin of Karina M. In the second and third counts the circumstance of aggravation is that there was a third person present in the respective bedroom, and the accused knew that. All offences are said to have occurred within hours of midnight on 23 rd March 2007. The time span for the commission of these offences on the Crown case seems defined as between the early hours of the morning and 6:15am.
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