REGINA v COLLINS [2001] NSWCCA 386

New South Wales Court of Criminal Appeal

CITATION : REGINA v COLLINS [2001] NSWCCA 386 revised - 26/10/2001 FILE NUMBER(S) : CCA 60562/00 HEARING DATE(S) : 31 July 2001 JUDGMENT DATE : 2 October 2001

PARTIES : REGINA v Michael David COLLINS JUDGMENT OF : Mason P at 1; Sully J at 123; Newman AJ at 124

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/51/0011 LOWER COURT JUDICIAL Ducker DCJ OFFICER :

COUNSEL : Crown: E A Wilkins Appellant: J S Stratton SOLICITORS : Crown: S E O'Connor Appellant: D J Humphreys CATCHWORDS : Appeal - trial judge's directions to jury - summing up - sexual assault - whether defence case fairly put - directions regarding complaint - whether Longman direction required - whether directions as to motive in error - whether evidence in one count used as evidence of another. R v Lars (1994) 73 A Crim R 91; Regina v Harvey (NSWCCA, 9 April 1998, unreported) R v Williams (1999) 104 A Crim R 260 R v Colby [1999] NSWCCA 261 CASES CITED: Longman v The Queen (1989) 168 CLR 79 Doggett v The Queen [2001] HCA 46 R v Mitchell (NSWCCA, 5 April 1995, unreported) R v Mayberry [2000] NSWCCA 531 R v RCK (NSWCCA, 12 December 1995 unreported) DECISION : Appeal dismissed.

IN THE COURT OF CRIMINAL APPEAL CCA 60562/00 MASON P SULLY J NEWMAN AJ

Tuesday 2 October 2001

REGINA v Michael David COLLINS

The appellant was convicted by a jury in the District Court on 11 counts consisting of two counts of aggravated indecent assault, two counts of aggravated sexual intercourse without consent, one count of employing a person under 18 years for pornographic purposes, and six counts of aggravated sexual intercourse with a person aged between 10 and 16 years. The appellant at trial denied all allegations of sexual assault, but pleaded guilty to two charges of prohibited drug supply.