Regina v Tillman [1999] NSWCCA 164

New South Wales Court of Criminal Appeal CITATION : Regina v Tillman [1999] NSWCCA 164 FILE NUMBER(S) : CCA 60109/98 HEARING DATE(S) : 15 April 1999 JUDGMENT DATE : 30 June 1999

Regina PARTIES : v Kenneth Davison Tillman JUDGMENT OF : Wood CJatCL at 1; Hidden J at 2; Smart AJ at 4

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/51/0168 97/51/0172 LOWER COURT JUDICIAL OFFICER : Ducker DCJ

COUNSEL : A - JC Nicholson SC R - CK Maxwell QC SOLICITORS : A - Many Rivers Aboriginal Legal Service R - R Gray CATCHWORDS : Criminal Law; Sexual intercourse with child; Disclosure and use of medical evidence; Court need not be included in indictment to ground alternative statutory verdict; Judge explained alternative verdict to jury; Warnings given sufficient; Verdicts involved no miscarriage. ACTS CITED : Crimes Act 1900 Evidence Act 1995 DECISION : Appeals against conviction dismissed; leave to appeal against sentence refused.

IN THE COURT OF CRIMINAL APPEAL

CCA 60109/98

WOOD CJ at CL HIDDEN J SMART AJ

Wednesday, 30 June 1999

REGINA v Kenneth Davison TILLMAN HEADNOTE

The appellant was convicted to two counts of sexual intercourse with a child and one count of attempted sexual intercourse with her.

Held: (1) A medical practitioner is entitled to explain the statements and conclusions contained in his statement served prior to the trial. That evidence resulted in the acquittal of the appellant on a substantive charge of sexual intercourse with a child but was supportive of his conviction on the attempt charge.