NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v AG - Regina v RJM [2000] NSWCCA 86 FILE NUMBER(S) : CCA 60406/99; 60407/99 HEARING DATE(S) : 21 March 2000 JUDGMENT DATE : 31 March 2000
PARTIES : REGINA (Respondent) v AG (Appellant) REGINA (Respondent) v RJM (Appellant) JUDGMENT OF : Spigelman CJ at 1; Ireland J at 2; Simpson J at 3
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/21/0154 LOWER COURT JUDICIAL Grogan DCJ OFFICER :
COUNSEL : D C Frearson - Crown Respondent P J O'Donnell - Appellant SOLICITORS : S E O'Connor - Crown Respondent Matthews Folbigg - Applicant
LEGISLATION CITED : Crimes Act 1900 Evidence Act 1995 R v M (1994) 181 CLR 487 CASES CITED: R v Prasad (1980) 2 A Crim R 45 Jones v R (1997) 191 CLR 439 DECISION : Each appeal dismissed.
IN THE COURT OF CRIMINAL APPEAL 60406/99 60407/99
SPIGELMAN CJ IRELAND J SIMPSON J
Friday 31 March 2000
REGINA v A G REGINA v R J M JUDGMENT
1 SPIGELMAN CJ: I agree with Simpson J.
2 IRELAND J: I agree with Simpson J for the reasons given by her Honour.
SIMPSON J : 3 On 18 June 1999 the appellants, RM and AG, were convicted after a nine day trial by jury of certain sexual offences, the victim of each of which was alleged to be CM (to whom I will refer as C). Each appeals against the convictions. 4 The trial commenced on 7 June 1999. RM was indicted on six counts, four of which were assault with intent to commit buggery, brought under s 80 of the Crimes Act 1900, and two of indecent assault, brought under s 81 of the Crimes Act. AG was indicted on four counts, three of which were of assault with intent to commit buggery, and one was of indecent assault. All offences were alleged to have been committed between 1 November 1978 and 31 March 1979. The jury returned verdicts of guilty on each count against AG, and on three of the counts against RM. They acquitted RM on one count and were unable to agree, and were subsequently discharged, in respect of two counts. The indictment and verdicts may be summarised as follows:
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