NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v SBD [2003] NSWCCA 235 HEARING DATE(S) : 14 August 2003 JUDGMENT DATE : 22 August 2003
JUDGMENT OF : Wood CJ at CL at 1; Simpson J at 2; Adams J at 3 DECISION : Appeal allowed; convictions below quashed
CATCHWORDS : Appeal against conviction - whether verdicts inconsistent - whether verdicts unreasonable - significant contradictions between complaint and trial evidence - verdicts of guilt not open on evidence - convictions quashed LEGISLATION CITED : s6(1) Criminal Appeal Act 1912 M v The Queen (1984) 181 CLR 487 at 494-495 CASES CITED : MFA v The Queen [2002] HCA 53, (2002) 193 ALR 184 R v Markuleski [2001] NSWCCA 290 [3] - [10], (2001) 125 A Crim R 1 R v Murray (1987) 11 NSWLR 12 Regina (Respondent) PARTIES : SBD (Appellant) FILE NUMBER(S) : CCA 60145/03 COUNSEL : W Flynn (Appellant) D M L Woodburne (Crown) SOLICITORS : M Burke (Appellant) S E O'Connor (Crown)
LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0331 FILE NUMBER(S) : LOWER COURT Blackmore DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60145/03 WOOD CJ AT CL SIMPSON J ADAMS J FRIDAY 22 AUGUST 2003 REGINA v SBD
JUDGMENT 1 WOOD CJ AT CL: I have read in draft form the judgment of Adams J. I agree with the orders proposed, and with the reasons of his Honour. 2 SIMPSON J: I agree with Adams J. 3 ADAMS J:
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