R v JBV [2002] NSWCCA 212

New South Wales Court of Criminal Appeal

CITATION : R v JBV [2002] NSWCCA 212 FILE NUMBER(S) : CCA 60558/00 HEARING DATE(S) : 3 June 2002 JUDGMENT DATE : 3 June 2002

PARTIES : Regina v JBV JUDGMENT OF : Heydon JA at 1, 25; Hidden J at 23; Blanch AJ at 24

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/21/2100 LOWER COURT JUDICIAL Keleman DCJ OFFICER :

COUNSEL : P G Ingram (Crown) H Dhanji (Appellant) SOLICITORS : S E O'Connor (Crown) D J Humphreys (Appellant) CATCHWORDS : Criminal law - indecent assault - complainant aged between four and eleven years at time of alleged incidents - delay in complaint - 'Longman' direction - whether jury adequately warned of danger in convicting appellant because of danger of mistaken recollection and forensic disadvantage to appellant due to delay in complaint - whether conviction erroneous - scope of principle in Longman v R (1989) 168 CLR 79 Crampton v R (2000) 176 ALR 369 CASES CITED: Longman v R (1989) 168 CLR 79 R v BWT [2002] NSWCCA 60 DECISION : The convictions and sentences are quashed; in lieu of the convictions, verdicts of acquittal on charges 1, 2, 4 and 5 are substituted.

IN THE COURT OF CRIMINAL APPEAL 60558/00

HEYDON JA HIDDEN J BLANCH J

3 June 2002 REGINA v JBV Judgment

1 HEYDON JA: The appellant appeals against his convictions by a jury after a trial before Keleman DCJ, QC, lasting eight days, on 27 March 2000 on the following four counts: "1. For that he in about September 1977, at Iluka in the State of New South Wales, did assault a female … and at the time did commit an act of indecency upon her, she being then under the age of sixteen years. 2. Further, that between about 22 February 1979 and 23 February 1981, at Iluka in the State of New South Wales, did attempt to carnally know [a female], she then being under the age of ten years. 4. Further, that between about 22 February 1982 and 23 February 1984, at Iluka in the State of New South Wales, did assault [a female] and at the time did commit an act of indecency upon her, she being then under the age of sixteen years. 5. Further, that between about 1 December 1984 and 1 February 1985, at Iluka in the State of New South Wales, did assault [a female] and at the time did commit an act of indecency upon her, she being then under the age of sixteen years." 2 The appellant also seeks leave to appeal against sentence. The sentences were as follows. On count 2 the appellant was sentenced to imprisonment for two years and six months commencing on 18 August 2000 with a non-parole period of one year expiring on 17 August 2001. On count 1 the appellant was sentenced to imprisonment for one year commencing on 18 August 2000. On counts 4 and 5 he was sentenced to imprisonment for a term of six months commencing on 18 August 2000.