NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Mitchell [2000] NSWCCA 211 FILE NUMBER(S) : CCA 60121/99 HEARING DATE(S) : 5 June 2000 JUDGMENT DATE : 5 June 2000
PARTIES : The Crown Steven Joseph Mitchell JUDGMENT OF : Spigelman CJ at 36; Newman J at 1; Adams J at 35
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/31/0388 LOWER COURT JUDICIAL Mitchelmore DCJ OFFICER :
COUNSEL : D C Frearson (Crown) S J Odgers (Appl) SOLICITORS : S E O'Connor (Crown) T A Murphy (Appl) CATCHWORDS : Criminal law - sexual assault - identification - discharge of jury - judicial discretion - procedural unfairness CASES CITED: R v Crofts (1996) 186 CLR 427 R v M (1994) 181 CLR 487 DECISION : See para 34
IN THE COURT OF
CRIMINAL APPEAL
60121/99
SPIGELMAN CJ NEWMAN J ADAMS J
MONDAY, 5 JUNE 2000
REGINA v Steven Joseph MITCHELL
JUDGMENT
1 NEWMAN J: This is an appeal against the conviction of the appellant of three charges in the District court. On 4 March 1999, following a trial which commenced on 1 March 1999, a jury of eleven convicted the appellant on the following charges:
1. The appellant on 10 April 1998 at Carrington did detain the victim with intent to hold the victim for advantage of himself.
2. The appellant on 10 April 1998 at Carrington did have sexual intercourse with the victim without the consent of the victim knowing that the victim was not consenting.
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