R v RGG [1999] NSWCCA 81

New South Wales Court of Criminal Appeal CITATION : R v RGG [1999] NSWCCA 81 FILE NUMBER(S) : CCA 60341/98 HEARING DATE(S) : 14/4/99 JUDGMENT DATE : 28 April 1999

PARTIES : Crown RGG JUDGMENT OF : Wood CJ at CL; Hidden J; Smart AJ

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 96/31/0378 LOWER COURT JUDICIAL OFFICER : Job DCJ

COUNSEL : C.K. Maxwell QC for Crown S. Norrish QC for Appellant SOLICITORS : R. Gray (DPP) T.A. Murphy (Legal Aid) CATCHWORDS : CRIMINAL LAW - appeal against conviction - whether verdict should be set aside on ground that it was unreasonable or could not be supported having regard to the evidence - matters taken into account - whether verdict of acquittal should be entered in lieu. ACTS CITED : Crimes Act 1900 (NSW) s 61D DECISION : Appeal allowed

IN THE COURT OF CRIMINAL APPEAL

No. 60341/98 NSWCCA 81 WOOD CJ at CL HIDDEN J SMART AJ

WEDNESDAY 28 APRIL 1998

REGINA v RGG

The appellant was convicted of two counts of sexual intercourse with a girl under sixteen, without her consent, contrary to s 61D(1) Crimes Act 1900 (NSW) . He was sentenced to concurrent terms of 12 months penal servitude, and to additional terms of 4 months penal servitude, in relation to the two offences.

His case was essentially that the verdicts should be set aside on the ground that they were unreasonable, or could not be supported, having regard to the evidence, and that in lieu a verdict of acquittal should be entered.

HELD (allowing the appeal):

(1) The Court must examine independently the nature and quality of all the evidence to determine whether it was open to the jury to be satisfied beyond reasonable doubt as to the guilt of the accused. Morris (1987) 163 CLR 454; Chidiac (1991) 171 CLR 432, followed.