R v FANGUPO [2003] NSWCCA 61

New South Wales Court of Criminal Appeal

CITATION : R v FANGUPO [2003] NSWCCA 61 HEARING DATE(S) : 12/03/03 JUDGMENT DATE : 17 March 2003

JUDGMENT OF : Meagher JA at 1; Dowd J at 2; Barr J at 3 DECISION : Appeal dismissed

CATCHWORDS : Criminal law - whether verdict unreasonable and unsupportable on the evidence - Criminal law - whether verdict unreasonable by reference to acquittal on another count. M v The Queen (1994) 181 CLR 487 CASES CITED : McKenzie v The Queen (1996) 190 CLR 348 R v Markuleski (2001) 52 NSWLR 82 at 87 PARTIES : Sione FANGUPO (Appellant) REGINA (Respondent) FILE NUMBER(S) : CCA 60514/02 COUNSEL : Appellant: PJ O'Donnell Respondent: PG Ingram SOLICITORS : Appellant: Smythe & Mallam Respondent: SE O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/1049 FILE NUMBER(S) : LOWER COURT O'Reilly DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60514/02

MEAGHER JA DOWD J BARR J

Monday, 17 March 2003 REGINA v Sione FANGUPO Judgment 1 MEAGHER JA: I agree with Barr J. 2 DOWD J: I agree with Barr J. 3 BARR J: The appellant, Sione Fangupo, appeals against a conviction entered in the District Court following his trial on a charge of having sexual intercourse without consent in circumstances of aggravation. There is no application for leave to appeal against the resulting sentence. 4 The appellant was tried before a jury on two counts, namely that - 1. between 18 November 1993 and 30 May 1994 he had sexual intercourse with the complainant, she being under the age of ten years, namely seven years; and