NSW Caselaw
New South Wales Court of Criminal Appeal CITATION : Regina -v- White [1999] NSWCCA 336 FILE NUMBER(S) : CCA 60143/98 HEARING DATE(S) : 26 May, 1999 JUDGMENT DATE : 29 October 1999
PARTIES : Regina Maxwell John White JUDGMENT OF : Wood CJ at CL at 1; Ireland J at 2; Kirby J at 81
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/61/0182 97/61/0186 LOWER COURT JUDICIAL OFFICER : Gibson DCJ
COUNSEL : P M Strickland - Appellant C K Maxwell QC - Crown SOLICITORS : T A Murphy - Appellant C K Smith - Crown CATCHWORDS : Conviction for sexual offences against 3 complainants (2 complainants under 16 yrs; 1 complainant just 16 years). Charges tried jointly - evidence admitted under S 98 of the Evidence Act 1995. The coincidence rule - permissible use of evidence of "related events" - use of stupefying drugs and other similar facts. No need for further direction as to impermissible use of evidence where S 97 considerations do not arise in the trial. Sentence - additional term of less than S 5(2) statutory ratio - within judge's discretion for 64 year old offender. Crimes Act, 1900 - S409B ACTS CITED : Evidence Act, 1995 - Ss 97, 98; Sentencing Act, 1989 - S 5(2); Criminal Appeal Act, 1912 - S 6. R -v- AH (1997) 42 NSWLR 702 @ 708 CASES CITED: B -v- The Queen (1992) 175 CLR 599 @ 610 Graham -v- The Queen (1998) 72 ALR 1491 R -v- GDR (1994) 35 NSWLR 376 DECISION : Appeal against conviction dismissed. Leave to appeal against sentence granted and appeal dismissed.
IN THE COURT OF CRIMINAL APPEAL
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