R v GJH [2001] NSWCCA 128

Reported Decision : 122 A Crim R 361

New South Wales Court of Criminal Appeal

CITATION : R v GJH [2001] NSWCCA 128 revised - 27/04/2001 FILE NUMBER(S) : CCA 60630/00 HEARING DATE(S) : 2 April 2001 JUDGMENT DATE : 24 April 2001

PARTIES : Regina GJH JUDGMENT OF : Stein JA at 1; Wood CJ at CL at 2; Studdert J at 73

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/61/0127 LOWER COURT JUDICIAL Morgan DCJ OFFICER :

COUNSEL : R D Cogswell SC with Ms B Baker S J Odgers SC SOLICITORS : S E O'Connor D J Humphreys CATCHWORDS : CRIMINAL LAW - appeal - appeal against sentence - indecent assault of a female under 16 years - rape - miscarriage of justice - failure to give Longman direction - failure to give direction on way to proceed if jury not satisfied that complainant was telling the truth on one or more counts - failure to give a direction in relation to intoxication - failure to direct jury in relation to lies - directions on alibi evidence Crimes Act 1900 ss 63, 76 LEGISLATION CITED : Criminal Appeal Act s 6(1) Criminal Procedure Act 1986 s 48 DECISION : (1) Appeal allowed (by reference to Grounds 1 and 4).; (2) Convictions quashed and new trial ordered.

IN THE COURT OF CRIMINAL APPEAL

No. 60630 of 2000

STEIN JA WOOD CJ at CL STUDDERT J TUESDAY 24 APRIL 2001 Regina v GJH JUDGMENT

The appellant was indicted on four counts of indecent assault of a female under the age of sixteen years pursuant to s 76 Crimes Act 1900, and one count of rape, pursuant to s 63 Crimes Act 1900. The appellant was convicted of two counts of indecent assault and one count of rape, but acquitted in relation to two of the counts of indecent assault.