Regina v Lee [2004] NSWCCA 133

New South Wales Court of Criminal Appeal

CITATION : Regina v Lee [2004] NSWCCA 133 HEARING DATE(S) : 15 April 2004 JUDGMENT DATE : 7 May 2004

JUDGMENT OF : Sully J at 1; Dowd J at 2; Smart AJ at 3 DECISION : Appeal against conviction dismissed

CATCHWORDS : Sexual Assault - Inconsistent verdict - verdict of guilty on count 2 reasonably supported by evidence - in the circumstances Markuleski direction not required LEGISLATION CITED : Nil Jones v The Queen 1997 191 CLR 439 at 453 CASES CITED : M v The Queen (1994) 181 CLR 487 at 493 MFA v The Queen [2002] HCA 53 R v Markuleski (2001) 52 NSWLR 82 PARTIES : Regina v Jim Lee FILE NUMBER(S) : CCA 60507/03 COUNSEL : (A) P Hamill (C) B Knox SC SOLICITORS : (A) P Stewart (C) S Kavanagh

LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/0298 FILE NUMBER(S) : LOWER COURT Patten DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL

60507/03 SULLY J DOWD J SMART AJ Friday, 7 May 2004 Non-Publication Order Regina v Jim LEE Judgment

1. SULLY J: I agree with Smart AJ. 2. DOWD J: I have read the judgment of Smart AJ in draft form. I agree with his Honour's judgment.

3. SMART AJ: Jim Lee appeals against his conviction on count 2 of an indictment charging that on 14 December 2001 at Fairfield he had sexual intercourse with MC without her consent and knowing that she was not consenting, in circumstances of aggravation, in that at the time actual bodily harm was inflicted on her. She asserted that a hard object was inserted in her vagina, prompt medical examination revealing actual bodily harm.