R v CJP; R v CAD; R v MES [2003] NSWCCA 363

New South Wales Court of Criminal Appeal

CITATION : R v CJP; R v CAD; R v MES [2003] NSWCCA 363 HEARING DATE(S) : JUDGMENT DATE : 10 December 2003

JUDGMENT OF : Sheller JA at 1; Hidden J at 1; Carruthers AJ at 1 DECISION : Par 3(e) of R v CJP; R v CAD; R MES [2003] NSWCCA 187 amended

CATCHWORDS : CRIMINAL LAW - Court of Criminal Appeal - amendment of error in recitation of charge in original judgment by application of slip rule Regina (appellant) PARTIES : CJP (respondent) CAD (respondent) MES (respondent) FILE NUMBER(S) : CCA 60030/03; 60031/03; 60032/03 COUNSEL : SOLICITORS :

LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/3265; 01/21/3324; 01/21/3318 FILE NUMBER(S) : LOWER COURT Moore AJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60030/03 60031/03 60032/03

SHELLER JA HIDDEN J CARRUTHERS AJ

Wednesday, 10 December, 2003 REGINA v CJP REGINA v CAD REGINA v MES Judgment 1 THE COURT: Since delivering judgment in this matter on 21 July 2003, it has been brought to our attention that there is an error in our recitation of one of the charges against the respondent, CJP. The charge set out at par 3(e) of the judgment should relate to the complainant GS, rather than ELP. It is appropriate that the judgment be amended by the application of the slip rule. 2 Accordingly, paragraph 3 (e) is now as follows: (e) that between 14 November and 15 November 2000 at Macquarie Fields he did have sexual intercourse with GS without his consent and knowing that he was not consenting to the sexual intercourse, in circumstances of aggravation, to wit, that at the time of the offence the said GS was a person aged under the age of sixteen years, being in fact aged thirteen years of age; in each case contrary to the provisions of s61J of the Act. The maximum penalty for each at the time of its commission was imprisonment for twenty years. **********