Regina v Robinson [1999] NSWCCA 172

New South Wales Court of Criminal Appeal CITATION : Regina v Robinson [1999] NSWCCA 172 FILE NUMBER(S) : CCA 60165/98 HEARING DATE(S) : 28 June 1999 JUDGMENT DATE : 2 July 1999

PARTIES : Regina v Stephen Joseph Robinson JUDGMENT OF : Grove J at 1; Abadee J at 46; Barr J at 47

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 95/11/1044 LOWER COURT JUDICIAL OFFICER : McGuire DCJ

COUNSEL : W. Terracini, SC D. Howard SOLICITORS : Burston Roberts & Cole C.K. Smith CATCHWORDS : Criminal Law and Procedure - Summing Up - Character - Requirement to explain to jury use that may be made of evidence ACTS CITED : Crimes Act 1900 Evidence Act 1995 R v Murray 1987 11 NSWLR 12 R v Andrews 1982 2 NSWLR 116 R v Murphy 1985 4 NSWLR 42 CASES CITED: R v Stalder 1981 2 NSWLR 9 R v Gillard CCA 15 July 1991 R v Groves CCA 20 June 1986 R v Piazza CCA 16 June 1997 DECISION : Appeal allowed (Trial No 2); Appeal dismissed (Trial No 4)

IN THE COURT OF CRIMINAL APPEAL

60165/98

GROVE J ABADEE J BARR J

2 July 1999

REGINA v STEPHEN JOSEPH ROBINSON

JUDGMENT 1 GROVE J : These are appeals against convictions following trials in the District Court before McGuire DCJ and juries. 2 Some background should be sketched. The appellant was formerly a priest in the now disbanded society of St Gerard Majella. At the relevant time the appellant was a Superior in one of the houses of the Order and also occupied the position of Master of Novices. 3 He came to trial as a result of complaints by four men and consequent upon his application, not opposed by the Crown separate trials were ordered which were heard following each other. The Court was informed that the juries in the cases of the first and third trials were discharged upon being unable to reach agreement and that the Director of Public Prosecutions has determined not to proceed further in respect of those complaints. The second trial proceeded upon an indictment for indecent assault upon a male contrary to s 81 of the Crimes Act which pertinent to the time of the offence (between September and October 1981) carried a prescribed maximum penalty of five years penal servitude. Upon conviction the appellant was sentenced to a total term of two years divided into minimum and additional components of 18 months and 6 months respectively. 4 The fourth trial proceeded upon an indictment for a single count of an act of indecency by a male with another male contrary to s 81A of the Crimes Act which pertinent to the time of that offence (between April and September 1979) carried a prescribed maximum penalty of two years imprisonment. The appellant was sentenced to a fixed term of 9 months to be served concurrently with the first 9 months of the minimum term imposed in respect of the conviction following the second trial.