R v Mayberry [2000] NSWCCA 531

New South Wales Court of Criminal Appeal

CITATION : R v Mayberry [2000] NSWCCA 531 FILE NUMBER(S) : CCA 60484/99 HEARING DATE(S) : 2 August 2000 JUDGMENT DATE : 14 December 2000

PARTIES : Regina Stephen Edward Mayberry JUDGMENT OF : Beazley JA at 1; Greg James J at 140; Kirby J at 141

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/11/00064 LOWER COURT JUDICIAL Kinchington DCJ OFFICER :

COUNSEL : Crown: P G Berman SC Mayberry: T A Game SC/A M Martin SOLICITORS : Crown: S E O'Connor Mayberry: Mark Klees & Associates CATCHWORDS : Criminal law - sexual assault - indecent assault - directions to the jury - multiple counts - evidence of separate complaints - unsafe and unsatisfactory LEGISLATION CITED : Crimes Act 1900 (NSW) ss 61D, 61E, 78H, 78I Evidence Act 1995 (NSW) ss 137, 165 R v Mitchell (unreported, New South Wales Court of Criminal Appeal, 5 April 1995) Longman v The Queen (1989) 168 CLR 79 R v Murray (1987) 11 NSWLR 12 CASES CITED: Crampton v The Queen [2000] HCA 60 R v M (1994) 181 CLR 487 R v Johnston (1998) 45 NSWLR 362 R v Jones (1997) 191 CLR 439 DECISION : Appeal allowed; Convictions and sentences quashed; New trial ordered

IN THE COURT OF

CRIMINAL APPEAL

CCA 60484/99

BEAZLEY JA GREG JAMES J KIRBY J

Thursday, 14 December 2000

REGINA v MAYBERRY

FACTS

The appellant was convicted on eleven counts of sexual assault, indecent assault, attempted homosexual intercourse and homosexual intercourse against his stepsons under ss 61D, 61E, 78H and 78I of the Crimes Act 1900 (NSW). the offences had allegedly been committed 12 - 14 years earlier. There was delay in complaint, no corroborative evidence and the credit of both complainants was seriously in issue.