NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v D.R.E [2004] NSWCCA 305 HEARING DATE(S) : 31 August 2004 JUDGMENT DATE : 2 September 2004
JUDGMENT OF : Mason P at 1; Sully J at 2; Sperling J at 22 DECISION : (1) Appeals against conviction upheld; (2) Current convictions and sentences quashed; (3) Order a new trial
LEGISLATION CITED : Criminal Appeal Act 1912 (NSW) CASES CITED : M v The Queen (1994) 181 CLR 487 R v McKnoulty (1994) 77 A Crim R 333 at 338 PARTIES : Regina D.R.E FILE NUMBER(S) : CCA 2004/1902 COUNSEL : P. Ingram - Crown R. Hulme SC - Appellant SOLICITORS : S. Kavanagh - Crown S. O'Connor - Appellant
LOWER COURT District Court JURISDICTION : LOWER COURT 01/51/0154 FILE NUMBER(S) : LOWER COURT Garling DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 2004/1902
MASON P SULLY J SPERLING J
2 September 2004 REGINA v D.R.E Judgment
[Note: The Court made an order that there be no publication of the name of the appellant or of his previous employment; or of the name of the complainant or of his sister.] 1 MASON P: I agree with Sully J. 2 SULLY J: In July and August 2003 the appellant stood trial in the District Court before his Honour Judge Garling and a jury and upon an indictment containing five counts. The first count alleged a common assault upon a particular named complainant. The second count alleged an aggravated indecent assault upon the same complainant. The third and fourth counts each alleged sexual intercourse with that complainant, he being a child then under the age of 10 years. The fifth count alleged an attempted aggravated indecent assault upon the same complainant. 3 The jury found the appellant guilty as charged upon each count in the indictment. He was sentenced subsequently to substantial periods of imprisonment. The appellant now appeals against his convictions. He does not apply for leave to appeal against the sentences passed upon him, and no more need be said about those sentences. 4 Five grounds of appeal were notified. They are:
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