R v JGW [1999] NSWCCA 116

New South Wales Court of Criminal Appeal CITATION : R v JGW [1999] NSWCCA 116 FILE NUMBER(S) : CCA 60036/98 HEARING DATE(S) : 13/5/99 JUDGMENT DATE : 23 June 1999

PARTIES : Crown JGW JUDGMENT OF : Wood CJ at CL; Barr J; Greg James J

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER : Coleman DCJ

COUNSEL : P.G. Berman (Crown) A. Haesler (Appellant) SOLICITORS : DPP Legal Aid CATCHWORDS : CRIMINAL LAW - offences - homosexual intercourse - attempted homosexual intercourse - indecent assault;; CRIMINAL LAW - directions to jury - directions as to delay in complaint - directions as to unreliability of complaint evidence;; CRIMINAL LAW - directions to jury - directions on lies;; CRIMINAL LAW - verdicts - "unsafe and unsatisfactory";; CRIMINAL LAW - sentencing - principle of totality;; CRIMINAL PRACTICE AND PROCEDURE - amendment of indictment - discretion of judge;; EVIDENCE - admissibility - tender of ERISP video interview;; EVIDENCE - credibility and weight ACTS CITED : Crimes Act 1900 (NSW) ss 78H, 78I, 78J, 78K, 61M(2), 61M(1), 365 Evidence Act 1995 ss 55, 56, 90, 102, 135, 136, 137 DECISION : (1) Appeal in respect of count 4 allowed and conviction for that count quashed. In lieu, a conviction in respect of an offence of homosexual intercourse with a male person aged ten years or above but under the age of eighteen years substituted; ; (2) Leave granted to appeal against sentence; ; (3) Sentence in respect of count 4 quashed. In lieu, appellant sentenced in respect of that count to a fixed term of penal servitude of eighteen months; ; (4) Otherwise, appeal against conviction and sentence dismissed.;