Regina v Grujevski [2004] NSWCCA 117

New South Wales Court of Criminal Appeal

CITATION : Regina v Grujevski [2004] NSWCCA 117 HEARING DATE(S) : 10 February 2004 JUDGMENT DATE : 22 March 2004

JUDGMENT OF : Beazley JA at 1; O'Keefe J at 2; Bell J at 46 DECISION : Appeal dismissed.

CATCHWORDS : Criminal law - Appeal - Multiple counts in indictment - Inconsistent verdicts - Principles to be applied - Logic, reasonableness and common sense. Jones v The Queen (1997) 191 CLR 439 M v The Queen (1994) 181 CLR 487 CASES CITED : MacKenzie v The Queen (1996) 190 CLR 348 Osland v The Queen (1998) 197 CLR 316 Regina v Wilkinson (1970) Crim LR 176 PARTIES : Trajce Grujevski Crown FILE NUMBER(S) : CCA 660345/03 COUNSEL : Mr C Everson - Appellant Mr G Rowling - Crown SOLICITORS : Ms J Saunders - Saunders & Co - Appellant Ms J Bremner - Director of Public Prosecutions (NSW) - Crown

LOWER COURT District Court JURISDICTION : LOWER COURT 02/41/0241 FILE NUMBER(S) : LOWER COURT Morgan DCJ JUDICIAL OFFICER :

- 1 - IN THE COURT OF CRIMINAL APPEAL 660345 of 2003

BEAZLEY JA O'KEEFE J BELL J

22 March 2004 REGINA V TRAJCE GRUJEVSKI Judgment

BEAZLEY JA: 1 I agree with O'Keefe J.

O'KEEFE J:

Introduction 2 This is an appeal by Trajce Grujevski (the appellant) against his conviction by a jury at Queanbeyan on 15 April 2003 on a charge of having detained a female without her consent with intent to obtain an advantage namely sexual gratification and at the time of such detaining actual bodily harm was occasioned to the female. The appellant, who is 44 years of age, was subsequently sentenced to imprisonment for three years from 29 May 2003 with a non parole period of 18 months to expire on 28 November 2004. The appellant has not sought leave to appeal against his sentence. 3 The appellant stood trial on an indictment that included three counts. They were: (1) That on 27 December 2001 at Jerrabomberra on the State of New South Wales he detained a named female without her consent and with intent to obtain an advantage, namely sexual gratification and at the time of detaining, actual bodily harm was occasioned to such female. (2) On the same date and at the same place he assaulted the same female and at the time of such assault committed an act of indecency on the female. (3) On the same date and in the same place he attempted to have sexual intercourse with the same female without her consent and knowing that she was not consenting.