NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Porteus [2003] NSWCCA 18 HEARING DATE(S) : 3 February 2003 JUDGMENT DATE : 17 February 2003
JUDGMENT OF : Giles JA at 1; Simpson J at 42; Smart AJ at 43 DECISION : Appeal against conviction dismissed. Leave to appeal against sentence refused.
CATCHWORDS : Criminal law - sexual intercourse without consent - whether verdict unreasonable or not supported by the evidence - as to proof that accused knew that complainants were not consenting - knowledge because reckless (Crimes Act s 61R(1)) - recklessness because realised might not be consenting but was determined to have intercourse whether or not were consenting - on facts, jury could be satisfied beyond reasonable doubt. Fitzgerald v Kennard (1995) 38 NSWLR 184; Gauci v Federal Commissioner of Taxation (1975) 135 CLR 81; Hemsley (1988) 36 A Crim R 334; M v The Queen (1994) 181 CLR 487; CASES CITED : R v Cooper [2002] NSWCCA 428; R v Kitchener (1993) 29 NSWLR 696; R v Murray (1987) 11 NSWLR 12; R v Sperotto (1970) 71 SR (NSW) 334; R v Tolmie (1995) 37 NSWLR 660; Steinberg v Federal Commissioner of Taxtion (1975) 134 CLR 640. PARTIES : R v Russell Edgar Porteus FILE NUMBER(S) : CCA 60402/02 COUNSEL : G I Rowling - Crown W C Terracini SC & P D Massey - Appellant SOLICITORS : S E O'Connor - Crown Martin Trisley - Appellant
LOWER COURT District Court JURISDICTION : LOWER COURT DC 01/31/0357 FILE NUMBER(S) : LOWER COURT Morgan DCJ JUDICIAL OFFICER :
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate