Regina v Harbulot [2003] NSWCCA 141

New South Wales Court of Criminal Appeal

CITATION : Regina v Harbulot [2003] NSWCCA 141 HEARING DATE(S) : 03/03/03 JUDGMENT DATE : 21 May 2003

JUDGMENT OF : Giles JA at 1; Dunford J at 2; Smart AJ at 3 DECISION : Appeal dismissed

CATCHWORDS : Sexual intercourse without consent - admission of complaint evidence - probative value not outweighed by danger of unfair prejudice - hearsay evidence - s.165 warning not required in circumstances - summing-up not unbalanced - Crown case was strong and summing-up reflected that - Defence case was put fully. LEGISLATION CITED : Evidence Act 1995 s 165(1), (2)(a) Clarke (2001) 123 A Crim R CASES CITED : Cross on Evidence 6th Aust Ed 2001 [15260] R v Stewart (2001) 52 NSWLR PARTIES : Regina v Peter Raymond Harbulot FILE NUMBER(S) : CCA 60160/02 COUNSEL : (C) D Frearson (R) J Miller SOLICITORS : (C) S E O'Connor (R) Parry Carrroll Kanjian

LOWER COURT District Court JURISDICTION : LOWER COURT 01/31/0354 FILE NUMBER(S) : LOWER COURT McGuire DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60160/02

GILES JA DUNFORD J SMART AJ

Wednesday, 21 May 2003

REGINA v PETER HARBULOT Judgment

1. GILES JA: I agree with Smart AJ

2. DUNFORD J: I agree with Smart AJ

3. SMART AJ: Peter Harbulot appeals against his conviction after a three day trial of the offence that he on 25 June 2001 at Wickham did have sexual intercourse with NH without her consent, knowing that she was not consenting. He was sentenced to imprisonment for 3 years 6 months to commence on 7 March 2002 with a non-parole period of 2 years. There is no application for leave to appeal against sentence.