REGINA v Daniel Thomas DAVIS [2004] NSWCCA 298

New South Wales Court of Criminal Appeal

CITATION : REGINA v Daniel Thomas DAVIS [2004] NSWCCA 298 HEARING DATE(S) : 19/8/04 JUDGMENT DATE : 3 September 2004

JUDGMENT OF : Wood CJ at CL at 1; Hulme J at 2; Bell J at 3 DECISION : Appeal dismissed

LEGISLATION CITED : Evidence Act 1995 Dhanhoa v R [2003] HCA 40; 77 ALJR 1433 CASES CITED : Edwards v R (1993) 178 CLR 193 Papakosmas v R (1999) 196 CLR 297 Zoneff v R [2000] HCA 28; 200 CLR 234 PARTIES : REGINA Daniel Thomas DAVIS (Appellant) FILE NUMBER(S) : CCA 2004/1908 (formerly 60174/04) COUNSEL : S Corrish (Appellant) P Power SC (Crown) SOLICITORS : S O'Connor S Kavanagh

LOWER COURT District Court JURISDICTION : LOWER COURT 02/41/0101 FILE NUMBER(S) : LOWER COURT Phelan DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL

2004/1908 CCAP (formerly 60174/04)

WOOD CJ at CL HULME J BELL J

Friday 3 September, 2004 REGINA v Daniel Trevor DAVIS Judgment 1 WOOD CJ at CL: I have read in draft form the judgment of Bell J. I agree with the orders proposed, and with the reasons of her Honour. 2 HULME J: I agree with Bell J. 3 BELL J: Daniel Trevor Davis, the appellant, appeals against his conviction on two counts of having sexual intercourse with RC without the consent of RC, knowing that she was not consenting thereto. The offences are each alleged to have occurred on the evening of 30 January 2002. 4 The appellant was tried before his Honour Judge Phelan (the Judge) and a jury in the District Court at Wollongong. The trial commenced on 17 February 2003. On 20 February 2003 the jury returned verdicts of guilty on each count. 5 The appellant was sentenced to a term of five years' imprisonment, commencing on 20 February 2003. A non-parole period of three years was specified.