R v SJF [2002] NSWCCA 294

New South Wales Court of Criminal Appeal

CITATION : R v SJF [2002] NSWCCA 294 FILE NUMBER(S) : CCA 60508/01 HEARING DATE(S) : 18/07/02 JUDGMENT DATE : 26 July 2002

PARTIES : Regina v SJF JUDGMENT OF : Stein JA at 1; Greg James J at 2; Howie J at 3

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/21/3070 LOWER COURT JUDICIAL Latham DCJ OFFICER :

COUNSEL : R. Herps - Crown S.J. Odgers SC - Appellant SOLICITORS : S.E. O'Connor - Crown D.J. Humphreys - Appellant CATCHWORDS : Criminal law - sexual offences - delay in complaint - whether warnings sufficient in the circumstances of the particular case. LEGISLATION CITED : Criminal Appeal Act 1912 - s 6 Criminal Appeal Rules - rule 4 R v Johnston (1998) 45 NSWLR 362 R v BWT [2002] NSWCCA 60 R v WRC [2002] NSWCCA 210 CASES CITED: R v GPP [2001] NSWCCA 493 R v Roddom [2001] NSWCCA 168 R v SJB [2002] NSWCCA 163 Crampton v R (2000) 176 ALR 369 Longman v The Queen (1989) 168 CLR 79 DECISION : Appeal against conviction is dismissed. Application for leave to appeal against sentence is refused.

IN THE COURT OF CRIMINAL APPEAL 60508/01

STEIN JA GREG JAMES J HOWIE J

FRIDAY 26 JULY 2002 R v SJF JudgmenT

1 STEIN JA: I agree with Howie J. 2 GREG JAMES J: I agree with Howie J. 3 HOWIE J: The appellant was convicted after trial by jury of a number of counts of, what may be termed, child sexual assault offences. He was sentenced by her Honour Judge Latham to an aggregate sentence of ten years imprisonment with a non-parole period of six years. The appellant appeals against his conviction on a single ground of appeal being: