R v RASO [2000] NSWCCA 22

New South Wales Court of Criminal Appeal

CITATION : R v RASO [2000] NSWCCA 22 FILE NUMBER(S) : CCA 60327/99 HEARING DATE(S) : 16 February 2000 JUDGMENT DATE : 16 February 2000

PARTIES : Regina Mario Raso JUDGMENT OF : Spigelman CJ at 1; Hulme J at 2; Smart AJ at 38

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0426 LOWER COURT JUDICIAL Graham DCJ OFFICER :

COUNSEL : Crown: PG Berman Appellant: MA Green QC; TC Watts SOLICITORS : Crown: SE O'Connor Appellant: Ford Gaitanis

DECISION : Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL No: 60327/99 SPIGELMAN CJ HULME J SMART AJ

Wednesday, 16 February 2000 REGINA -v Mario RASO

JUDGMENT

1 SPIGELMAN CJ : I will ask Hulme J to deliver the first judgment. 2 HULME J : In March 1999 the abovenamed appellant was indicted on four counts: 1. That between 1 March and 30 April 1995 at Emu Plans he committed an indecent assault on Rowena Degenhardt, she then being under 16. 2. That between 29 May and 1 December 1995 at Brookvale he committed an indecent assault on Rowena Degenhardt, she then being under 16. 3. That between 7 and 21 June 1996 at Brookvale he had sexual intercourse with Rowena Degenhardt without her consent, knowing she was not consenting and she then being under 16. 4. In the alternative, that between 7 June and 21 June 1996 at Brookvale he had sexual intercourse with Rowena Degenhardt, she then being above the age of 10 and under the age of 16.

3 On 8 March 1999 the jury before whom the appellant was tried brought in a verdict of not guilty in respect of the first three charges and guilty on the fourth charge. On 17 June 1999 the appellant was sentenced to two years penal servitude to be served by way of periodic detention. 4 The grounds of appeal are: 1. There has been a miscarriage of justice in that the verdict of guilty on count 4 is inconsistent with the verdicts of not guilty on counts 1 and 3. 2. The verdict of guilty is unsafe and unsatisfactory.