Regina v Workman [2004] NSWCCA 213

Reported Decision : 60 NSWLR 471

New South Wales Court of Criminal Appeal

CITATION : Regina v Workman [2004] NSWCCA 213 HEARING DATE(S) : Tuesday 15 June 2004 JUDGMENT DATE : 30 June 2004

JUDGMENT OF : Grove J at 1; Dowd J at 37; Sperling J at 39 DECISION : APPEAL DISMISSED.

CATCHWORDS : CRIMINAL LAW AND PROCEDURE - SEXUAL OFFENCES - "PRETEXT" CONVERSATION BY TELEPHONE BETWEEN COMPLAINANT AND OFFENDER RECORDED IN QUEENSLAND IN ACCORDANCE WITH QUEENSLAND POLICE PROTOCOL - SUCH PROCEDURE EXPLICITLY LAWFUL PURSUANT TO QUEENSLAND STATUTE - OFFENDER SPEAKING ON TELEPHONE IN NSW - RECORDING WOULD HAVE BEEN CONTRARY TO STATUTE (LISTENING DEVICES ACT) IF PROCEDURE UNDERTAKEN IN NSW - WHETHER EVIDENCE IMPROPERLY OBTAINED WITHIN MEANING OF s138 EVIDENCE ACT - PROPOSED WITNESS ON VOIR DIRE - NATURAL THERAPIST WHO HAD CONSULTED WITH COMPLAINANT - ALLEGATION OF CONFABULATION - RULING THAT CROSS EXAMINATION BE REFUSED - APPLICATION LATER NOT PRESSED AT HEARING - SENTENCE - OBJECTIVELY SERIOUS OFFENCES ON GIRL DURING HER PASSAGE FROM CHILDHOOD TO TEEN YEARS - SENTENCES IMPOSED NOT MANIFESTLY EXCESSIVE Criminal Appeal act 1912 Evidence Act 1995 LEGISLATION CITED : Invasion of Privacy Act 1971 (Qld) Listening Devices Act 1984 (NSW) Telecommunications (Interception) Act 1979 (Cth) R. v Broyles 1991 3 SCR 598 R. v. Oliver 1984 57 ALR 543 CASES CITED : R. v. Tillot 1995 38 NSWLR 1 Regina v M [2002] QCA 486 The Queen v Swaffield & Pavic 1997 192 CLR 159 PARTIES : Regina v Erin John Workman FILE NUMBER(S) : CCA 60508/03 COUNSEL : P. Ingram (Crown) P. Byrne SC (Applicant) SOLICITORS : C.K. Smith (Crown) J. Bull (Applicant)