NSW Caselaw
New South Wales Court of Criminal Appeal CITATION : Regina -v- Lynch [1999] NSWCCA 32 FILE NUMBER(S) : CCA 60038/98 HEARING DATE(S) : 4 November; 1998 JUDGMENT DATE : 12 March 1999
PARTIES : Regina -v- Murray LYNCH JUDGMENT OF : McInerney J; Ireland J; Hidden J
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 96/21/3102 LOWER COURT JUDICIAL OFFICER : Naughton DCJ
COUNSEL : SR Norrish QC - App RD Cogswell SC - Resp SOLICITORS : TA Murphy - App SE O'Connor - Resp CATCHWORDS : Criminal Law - sexual assault - adequacy of directions about complaint and corroboration - impermissible questioning by trial judge of doctor about child sexual assault victims generally Fleming -v- The Queen (1998) 158 ALR M -v- The Queen (1994) 181 CLR 487 Graham -v- The Queen 72 ALJR 1491 R -v- R (1989) 18 NSWLR 74 CASES CITED: F (1995) 83 A Crim R 502 R -v- Johnston (CCA unreported 01/07/98) Doney -v- The Queen (1990) 171 CLR 207 DECISION : Appeal allowed, convictions quashed and new trial ordered
IN THE COURT OF CRIMINAL APPEAL
60038/98
McINERNEY J IRELAND J HIDDEN J
Friday, 12 March, 1999 REGINA -v- Murray LYNCH JUDGMENT
1 THE COURT: The appellant was tried before his Honour Judge Naughton, QC and a jury of twelve on an indictment which alleged four counts of sexual intercourse without consent in circumstances of aggravation, in contravention of S 61J of the Crimes Act, 1900.
2 Count 1 alleged an offence on or about 21 July, 1995; count 2 alleged an offence on or about 4 August, 1995; counts 3 and 4 alleged offences between 4 August, 1995 and 21 October, 1995.
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