NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v MM [2004] NSWCCA 364 HEARING DATE(S) : 5/10/04 JUDGMENT DATE : 25 October 2004
JUDGMENT OF : McClellan AJA at 1; Grove J at 2; James J at 3 DECISION : Appeal allowed - orders made by Judge Maguire on 20 May 2004 rejecting evidence be vacated
CATCHWORDS : CRIMINAL LAW - Crown Appeal s 5F - admissibility of evidence - child sexual assault charges - whether admissions made to a Probation and Parole officer improperly obtained - whether evidence that accused collected and viewed child pornography and had fantasised about sexual acts with children inadmissible tendency evidence Crimes Act LEGISLATION CITED : Crimes (Sentencing Procedure) Act Criminal Appeal Act Evidence Act BRS v The Queen (1996-1997) 191 CLR 275 CASES CITED : R v Dalley (2002) 132 A Crim R 169 R v Sophear Em [2003] NSWCCA 374 PARTIES : Regina v MM FILE NUMBER(S) : CCA 2004/1858 COUNSEL : G Rowling - Crown J Pappas - Respondent SOLICITORS : E Philpot - Crown T Sharman - Respondent
LOWER COURT District Court JURISDICTION : LOWER COURT 03/41/0187 FILE NUMBER(S) : LOWER COURT Maguire DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 2004/1858
McCLELLAN AJA GROVE J JAMES J
25 October 2004 R v MM Judgment
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