NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Bell [2002] NSWCCA 2 revised - 28/02/2002 FILE NUMBER(S) : CCA 60557 HEARING DATE(S) : 19 July 2001 JUDGMENT DATE : 1 February 2002
PARTIES : Regina v Philip Harold Bell JUDGMENT OF : Handley JA at 1; O'Keefe J at 2; Smart AJ at 3
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/11/0548 LOWER COURT JUDICIAL Davidson DCJ OFFICER :
COUNSEL : (A) In Person (C) R Hulme SOLICITORS : (A) In Person (C) S E O'Connor CATCHWORDS : Multiple sexual offences - conviction after trial of 28 offences - plea of guilty to a further 16 offences with 31 other offences taken into account - notice of abandonment of appeal - refusal of leave to withdraw such notice - alleged fresh evidence but relevant facts known - no miscarriage of justice - admission of tendency and/or co-incidence evidence - no error in refusing separate trials - credibility of witnesses - alleged discrepancies and problems dating incidents which happened many years ago - adverse pre-trial publicity and publicity during trial - directions to jury to overcome publicity - verdicts reasonable and supported by evidence LEGISLATION CITED : Crimes Act 1900 Evidence Act 1995 R Cartwright (1989) 17 NSWLR 243 R v Jeffery NSWCCA unrep 16 December 1993 R v Brandy NSWCCA unrep 28 October 1996 R v Combe NSWCCA unrep 24 April 1997 R v Young [1999] NSWCCA 275 R v Lock (1997) 91 A Crim R 356 R v M J White [1999] NSWCCA 336 R v Smith [2000] NSWCCA 468 R v Giam (1994) 104 A Crim R 426 CASES CITED: S v The Queen (1989) 168 CLR 266 Pfennig v The Queen (1995) 182 CLR 461 Hoch v The Queen (1988) 165 CLR 292 R v PH NSWCCA, unrep 4/3/94 R v Milat NSWCCA unrep 26/2/98 M v The Queen (1994) 181 CLR 487 Jones v The Queen (1997) 191 CLR 439 Gipp v The Queen (1998) 194 CLR 106 Fleming v The Queen (1998) 197 CLR 250 R v Bell NSWCCA unrep 8/10/98 DECISION : Leave to withdraw Notice of Abandonment of appeal against convictions refused. Leave to appeal against convictions out of time refused.
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