R v Williams [1999] NSWCCA 9

Reported Decision : 104 A Crim R 260

New South Wales Court of Criminal Appeal CITATION : R v Williams [1999] NSWCCA 9 revised - 25/03/99 FILE NUMBER(S) : CCA 60326/98 HEARING DATE(S) : 23/02/99 JUDGMENT DATE : 23 February 1999

PARTIES : Kim Williams JUDGMENT OF : Spigelman CJ; Wood CJatCL;

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 96/31/0507 LOWER COURT JUDICIAL OFFICER : Nader DCJ

COUNSEL : C.K. Maxwell QC for Crown T.L. Buddin SC for Appellant SOLICITORS : S.E. O'Connor T.A. Murphy CATCHWORDS : CRIMINAL LAW - appeal - appeal against conviction - leave to appeal against sentence - sufficiency of directions concerning delay in making complaint - sufficiency of warning concerning reliability of evidence of complaint - verdict unsafe and unsatisfactory. ACTS CITED : Crimes Act 1900 (NSW) ss 66C(1) 405B(2) DECISION : 1) Leave to appeal against sentence granted; 2) Appeal against conviction and sentence dismissed; 3) Conviction and sentence below confirmed

IN THE COURT OF CRIMINAL APPEAL

No. 60326/ 98 NSW CCA 9 SPIGELMAN CJ WOOD CJ at CL McINERNEY J

NEWCASTLE: TUESDAY 23 FEBRUARY 1999 REGINA v KIM WILLIAMS

The applicant was convicted of sexual intercourse with a child above 10 and under 16 pursuant to s 66C(1) of the Crimes Act 1900 . He was sentenced to a minimum term of penal servitude for three years, with a three year additional term. He sought leave to appeal against the sentence and appealed against the conviction on three grounds: (1) that the directions concerning the delay in the complaint were inadequate; (2) that the warning concerning the complaint evidence was inadequate; and (3) that the verdict was unsafe and unsatisfactory.