NSW Caselaw
New South Wales Court of Criminal Appeal CITATION : Regina v D W H [1999] NSWCCA 255 FILE NUMBER(S) : CCA 60480/98 HEARING DATE(S) : 4 August 1999 JUDGMENT DATE : 24 August 1999
PARTIES : The Crown D W H JUDGMENT OF : Newman J at 1; Sperling J at 2; Greg James J at 3
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/31/0043 LOWER COURT JUDICIAL OFFICER : Nader DCJ
COUNSEL : R D Ellis (Crown) R Burgess (App) SOLICITORS : S E O'Connor (Crown) T A Murphy (App) CATCHWORDS : Sexual offence; complaint; prior consistent statement; when admissible exception to hearsay rule; when admissible on credibility; when leave necessary; criteria for grant of leave and exercise of discretion; leave not considered; counts of separate events; complaint on some charges not fresh; new trial ordered ACTS CITED : Evidence Act 1995 Criminal Appeal Act 1912 Graham (1998) 157 ALR 404 Gillard [1999] NSWCCA 21 CASES CITED: Whitmore [1999] NSWCCA 247 RNS [1999] NSWCCA 122 Papakosmos [1999] HCA 37 DECISION : Appeal upheld
IN THE COURT OF CRIMINAL APPEAL
No. 60480 of 1998 CORAM: NEWMAN , J. SPERLING, J. GREG JAMES, J.
TUESDAY 24 AUGUST 1999
REGINA v. DWH
JUDGMENT 1 NEWMAN, J: I have read the judgment of Greg James, J. and I agree with both the reasons he gives and the orders he proposes.
IN THE COURT OF CRIMINAL APPEAL
No. 60480 of 1998 CORAM: NEWMAN , J. SPERLING, J. GREG JAMES, J.
TUESDAY 24 AUGUST 1999
REGINA v. DWH
JUDGMENT 2 SPERLING, J: I agree with the orders proposed by Greg James, J. and with his reasons.
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