NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Fuller [2001] NSWCCA 390 FILE NUMBER(S) : CCA 60782/00 HEARING DATE(S) : 26 September 2001 JUDGMENT DATE : 26 September 2001
PARTIES : Terrence James Fuller (Appellant) Regina (Respondent) JUDGMENT OF : Heydon JA at 1, 36; Wood CJ at CL at 34; Carruthers AJ at 35
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 00/31/0170 LOWER COURT JUDICIAL Garling DCJ OFFICER :
COUNSEL : Mr P Segal (Appellant) Mr G E Smith (Respondent) SOLICITORS : H Schleiger & Associates (Appellant) S E O'Connor (Respondent) CATCHWORDS : Criminal Law - Sexual offences - Appeal against conviction of carnal knowledge of person under age of 16 years - Whether acquittal in relation to one count made conviction in relation to another count inconsistent and unreliable - Whether the verdicts could be reconciled - Criminal Practice and Procedure - Judicial directions - Sexual offences - "Kilby direction" - Whether trial judge's direction on complainant's credit having regard to delay was inadequate - Reduced impact of delay on credibility of complainant where another person witnessed matters pointing towards occurrence of offence LEGISLATION CITED : Crimes Act 1900 (NSW) Jones v R (1997) 191 CLR 439 R v Markuleski [2001] NSWCCA 290 CASES CITED: MacKenzie v R (1996) 190 CLR 348 R v Doney (1988) 37 A Crim R 288 Donley v R (1990) 171 CLR 207 DECISION : See para 36
IN THE COURT OF CRIMINAL APPEAL 60782/00 HEYDON JA WOOD CJ at CL CARRUTHERS AJ
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate