NSW Caselaw
New South Wales Court of Criminal Appeal CITATION : REGINA v FLOOD [1999] NSWCCA 198 FILE NUMBER(S) : CCA 60236/98 HEARING DATE(S) : 12 May 1999 JUDGMENT DATE : 23 July 1999
PARTIES : Peter John Flood JUDGMENT OF : Spigelman CJ at 1; Bell J at 21; Smart AJ at 23
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/31/0057 LOWER COURT JUDICIAL OFFICER : McGuire DCJ
COUNSEL : M Ierace (Appellant) CK Maxwell QC (Respondent) SOLICITORS : T A Murphy (Appellant) C K Smith (Respondent) CATCHWORDS : CRIMINAL LAW; Evidence; Directions; Unreliable evidence Evidence Act 1995 s165(c); Use to which evidence may be put; Disregarding judge's opinion of facts unless it accords with that of juror; CRIMINAL LAW; Verdict unsafe and unsatisfactory ACTS CITED : Criminal Appeal Act 1912 (NSW) Evidence Act 1995 Connolly v "Sunday Times" Publishing Co Ltd (1908) 7 CLR 263 Greenly v Lawrence [1949] 1 All ER 241 Waterford v The Commonwealth (1986-87) 163 CLR 54 CASES CITED: Irving v Carbines [1982] VR 861 Kleinwort Benson Ltd v Barbrak Ltd [1987] AC 597 Ramsay v Madgwicks [1989] VR 1 R v BD 94 ACrimR 131 Bruce v Cole (1998) 45 NSWLR 163 DECISION : Appeal dismissed
IN THE COURT OF
CRIMINAL APPEAL
60236/98
SPIGELMAN CJ BELL J SMART AJ
Friday 23 July 1999
REGINA v Peter John FLOOD The Appellant was convicted of having had sexual intercourse with a woman without her consent knowing that there was no consent, in circumstances of aggravation. There were five grounds of appeal. Held: Appeal dismissed
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