R v Davis [1999] NSWCCA 15

New South Wales Court of Criminal Appeal CITATION : R v Davis [1999] NSWCCA 15 revised - 25/03/99 FILE NUMBER(S) : CCA 60022/98 HEARING DATE(S) : 24 February 1999 JUDGMENT DATE : 24 February 1999

PARTIES : Brian Davis JUDGMENT OF : Spigelman CJ; Wood CJ at CL;

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 96/31/0264 LOWER COURT JUDICIAL OFFICER : Nader DCJ

COUNSEL : C.K. Maxwell QC for Crown T.L. Buddin SC for Appellant SOLICITORS : S.E. O'Connor for Crown T.A. Murphy for Appellant CATCHWORDS : CRIMINAL LAW - appeals - appeal against conviction - leave to appeal against sentence - sufficiency of directions concerning child complainant's evidence of sexual assault - sufficiency of directions concerning appellant's election not to give evidence - unsafe and unsatisfactory verdict. Crimes Act 1900 (NSW) ss 61M(2) 66A 61O(2) 405AA Evidence Act 1995 (NSW) ss 165 66 20

ACTS CITED : Evidence Act 1995 (NSW) ss 165 66 20 Crimes Act 1900 (NSW) ss 61M(2) 66A 61O(2) 405AA Evidence Act 1995 (NSW) ss 165 66 20 DECISION : (1) Leave to appeal against sentence allowed;; (2) Appeal against conviction and sentence dismissed;; (3) Sentence and conviction below confirmed.

IN THE COURT OF CRIMINAL APPEAL

No. 60022/98 NSW CCA15 SPIGELMAN CJ WOOD CJ at CL McINERNEY J

NEWCASTLE: WEDNESDAY 24 FEBRUARY 1999 REGINA v BRIAN DAVIS

The appellant was convicted of several sexual offences against a child under ss 66 A, 61 M(2) and 61 O(2) of the Crimes Act 1900 . He was sentenced to a minimum term of penal servitude for 6 years with an additional term of 2 years for one of the counts; and to concurrent fixed terms of imprisonment for 2 years for the other two counts.