Regina v Ross Magoulias [2003] NSWCCA 143

New South Wales Court of Criminal Appeal

CITATION : Regina v Ross Magoulias [2003] NSWCCA 143 HEARING DATE(S) : 28/04/03 JUDGMENT DATE : 26 May 2003

JUDGMENT OF : Ipp JA at 1; Buddin J at 2; Smart AJ at 3 DECISION : Appeal dismissed

CATCHWORDS : Detain with intent to carnally know - visual identification evidence unsatisfactory - strong circumstantial case - non-synchronisation of timing devices - common knowledge - ss 144 & 146 of Evidence Act 1995 LEGISLATION CITED : Evidence Act 1995 PARTIES : Regina v Ross Magoulias FILE NUMBER(S) : CCA 60505/02 COUNSEL : (A) M Buscombe (C) D C Frearson SOLICITORS : (A) Xenos Jordan (C) S E O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0406 FILE NUMBER(S) : LOWER COURT Bell DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60505/02 IPP JA BUDDIN J SMART AJ

Monday, 26 May 2003

REGINA v ROSS MAGOULIAS Judgment 1. IPP JA: I agree with Smart AJ.

2. BUDDIN J: I agree with Smart AJ.

3. SMART AJ: Ross Magoulias appeals against his convictions, following the jury's verdict of guilty, that on 7 July 2001 at Waterloo he did: (1) by force detain KB against her will, with intent to carnally know her. (s.89 of Crimes Act 1900)

(2) assault KB and immediately after the assault committed an act of indecency on her, namely he put his hand down her pants (s.61L of Crimes Act).

(3) maliciously inflict actual bodily harm on KB with intent to have sexual intercourse with her (s.61K(a)) of Crimes Act). 4. The judge sentenced the appellant on each count. The total effective sentence was one of 3½ years with a non-parole period of 2 years. There is no application for leave to appeal against sentence.