NSW Caselaw
Reported Decision : 112 A Crim R 519
New South Wales Court of Criminal Appeal
CITATION : R. v. M. M. [2000] NSWCCA 78 FILE NUMBER(S) : CCA 60258/98 HEARING DATE(S) : 20 March 2000 JUDGMENT DATE : 24 May 2000
PARTIES : Regina (Respondent) M.M. (Appellant) JUDGMENT OF : Powell JA at 1; Hulme J at 55; Dowd J at 57
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 97/31/0438 LOWER COURT JUDICIAL Job DCJ OFFICER :
COUNSEL : C. K. Maxwell QC - (Respondent) I. H. McClintock - (Appellant) SOLICITORS : S.E. O'Connor, Solicitor for Public Prosecutions - (Respondent) Heenan & Company (Newtown) - (Appellant) CATCHWORDS : CRIMINAL LAW AND PROCEDURE - Sexual assault - Evidence - Cross-examination of complainant - Complainant accused of fabricating evidence - Complainant cross-examined to demonstrate motive - Complainant's evidence "why would I make a story up ..." and "why would I be sitting in this court room ... wasting all these people's time ..." - Accused not cross-examined to demonstrate absence of motive - What, if any, direction to jury called for or permissible. - CRIMINAL LAW AND PROCEDURE - Sexual assaults - Evidence - Similar facts - Admissibility - Relationship evidence - Tendency evidence - Prior sexual acts between complainant and accused - Evidence Act 1995 ss 97, 101 - What direction to jury as to use of evidence called for DECISION : Appeal allowed; Conviction and sentence quashed, New trial ordered.
IN THE COURT OF CRIMINAL APPEAL
CCA 60258/98 DC 97/31/0438
POWELL JA HULME J DOWD J
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