REGINA v TA [2003] NSWCCA 191

Reported Decision : 57 NSWLR 444 139 A Crim R 30

New South Wales Court of Criminal Appeal

CITATION : REGINA v TA [2003] NSWCCA 191 HEARING DATE(S) : 30 June 2003 JUDGMENT DATE : 25 July 2003

JUDGMENT OF : Spigelman CJ at 1; Dowd J at 14; Adams J at 16 DECISION : Leave to appeal granted, appeal allowed, sentences quashed and substituted therefor the following - (i) Count 2: five years to commence on 16 February 2000 and expire on 15 February 2005 (ii) Count 1: four years to commence on 16 February 2004 and expire on 15 February 2008; and (iii) Count 3: six months to commence on 16 February 2004 and expire on 15 August 2004. Eligible to be released to parole on 15 February 2006.

CATCHWORDS : Conviction appeal - complainant drugged - no memory of assaults which were videoed - opinion as to whether she consented or appeared to consent irrelevant - s79 Evidence Act 1995 - also rightly rejected as oppressive - sentence appeal - substantial accumulation appropriate where substantive additional offence LEGISLATION CITED : ss 41, 78, 79 Evidence Act 1995 s44(2) Crimes (Sentencing Procedure) Act 1999 Browne v Dunn (1894) 6 R (HL) 67 M v The Queen (1994) 181 CLR 487 CASES CITED : Pearce v The Queen (1998) 194 CLR 610 R v Leung and Wong (1999) 47 NSWLR 405 Smith v The Queen (2001) 206 CLR 650; [2001] HCA 50. PARTIES : The Crown (Respondent) TA (Appellant) FILE NUMBER(S) : CCA 60567/00 COUNSEL : P Ingram (Crown) P Byrne SC with N Mikhaiel (Appellant) SOLICITORS : S E O'Connor (Crown)

LOWER COURT Supreme Court JURISDICTION : LOWER COURT 70075/98 FILE NUMBER(S) : LOWER COURT Sperling J JUDICIAL OFFICER :